GALVIN & GALVIN

This matter came before Forrest J concerning the parenting arrangements for a child, Y, born in 2007. The dispute involved competing interim applications by the mother and father to vary the existing equal shared care arrangement.

The court was required to determine the interim parenting arrangements for the child, including the continuation of therapeutic counselling, the engagement of further experts, the allocation of costs for these experts, and specific prohibitions on parental substance use. Additionally, the court needed to address the child's living arrangements pending further hearing and how the child would be informed of the proceedings and provided with support.

Forrest J made orders by consent, which included the continuation of the child's therapeutic counselling with Ms B and attendance at further recommended appointments. Ms B was granted liberty to provide ongoing guidance to the parents. The court also ordered that Ms B prepare a treatment report at the request of the Independent Children’s Lawyer (ICL), with a specific process for parties to comment on the ICL's instructions. Following this, the child was to attend upon Mr C for a wishes report, again with a defined process for the ICL's instructions. The father was to initially bear the costs of these experts, with the mother to reimburse him for her equal share from future entitlements. Crucially, the court ordered that neither parent shall consume alcohol or use illicit drugs, or be under the influence of such substances, when the child is in their care.

The competing interim applications for varying the child's living arrangements were adjourned for further hearing on 26 October 2020. In the interim, the existing equal shared care arrangement was to continue, with the child to return to the mother's care for the week commencing 28 August 2020. The ICL was directed to inform the child of the interim outcome and the ongoing living arrangements, and to advise the child on who to contact if they had immediate concerns for their well-being.