FRONTERA & GIBBONS

In the matter of *Frontera & Gibbons*, heard by Loughnan J in the Federal Circuit Court of Australia, the dispute concerned interim parenting orders for a four-year-old child. The applicant sought an increase in the time the child spent with them, while the respondent sought to have the applicant declared not to be a parent of the child. Both parties were in a same-sex relationship, and the respondent conceived the child through an IVF program. The applicant and respondent are both listed on the child's birth certificate. Allegations of family violence were also raised.

The court was required to determine, on an interim basis, the parentage of the child and to consider the best interests of the child in relation to parenting arrangements. Specifically, the court had to consider the presumptions of parentage under section 69R of the *Family Law Act 1975* (Cth) and whether these presumptions could be displaced or determined at the interim stage. The court also had to assess whether any change to the child's current living arrangements, which involved the child spending one weekend a month with the applicant, was warranted in the child's best interests.

His Honour found that parentage of the child could not be determined on an interim basis. In considering the best interests of the child, the court concluded that the current circumstances did not justify an interim change to the child's living arrangements. Consequently, both parties' applications for interim parenting orders were dismissed.