Galvin and Galvin (No 2)

This matter concerned parenting and property disputes between the parents of a child, Y. The father sought a variation of existing interim parenting orders, proposing changes based on the child's expressed wishes. A recent independent report had been prepared to ascertain these wishes, and the Independent Children's Lawyer recommended a specific alternate weekend arrangement with the mother. The father supported this recommendation, while the mother opposed it. Concurrently, the wife sought an interim litigation costs funding order, asserting her inability to meet ongoing legal expenses and highlighting the husband's capacity to pay.

The court was required to determine the interim parenting arrangements for Y, considering her expressed wishes and the recommendations of the Independent Children's Lawyer, with a view to what was in Y's best interests. Additionally, the court had to decide on the wife's application for an interim litigation costs funding order, assessing the parties' financial capacities and the necessity of such an order to enable the wife to continue participating in the proceedings.

Forrest J ordered that previous parenting orders be discharged and established new interim arrangements. The court found it to be in Y's best interests to live principally with her father, who was to facilitate additional time with her mother in accordance with Y's wishes. Equal shared parental responsibility was maintained for long-term issues, with specific requirements for consultation. The interim parenting orders detailed specific times Y was to spend with each parent, including alternate weekends, school holidays, and additional time based on Y's wishes. The court also made orders regarding communication between parents, parental behaviour, drug and alcohol testing, therapeutic counselling, and parenting programs. In relation to the property dispute, the father was ordered to pay $106,705.76 to the mother's solicitors as an interim litigation costs funding payment, with the characterisation of this payment to be determined at trial.