Fullager and Barberry

In the Federal Circuit Court of Australia, Judge Newbrun presided over proceedings between the Father and the Mother concerning their child, X. The Father had sought to dismiss the Mother's initiating application and her further amended initiating application.

The court was required to determine whether to dismiss the Father's applications to dismiss the Mother's proceedings. Additionally, the court needed to consider the arrangements for the child, including the preparation of a family report and the scheduling of an interim hearing to address specific issues.

Judge Newbrun dismissed the Father's applications to dismiss the Mother's proceedings. Pursuant to section 62G(2) of the *Family Law Act 1975* (Cth), the court ordered that the parties and the child attend upon a family consultant for the preparation of a family report, to be released by 30 January 2017. The report was to address a comprehensive list of matters relevant to the child's welfare and best interests, including the child's views, relationships, the impact of potential changes in circumstances, parental capacity, and any history of abuse or family violence. The proceedings were adjourned for mention following the release of the report, and an interim hearing was appointed for 22 November 2016 to address the child's time with each parent and the Mother's proposal to travel overseas with the child. The parties were directed to file a short Case Outline prior to the interim hearing.