Gowing and Holborn

This case involved interim parenting proceedings concerning a child, [X], born in 2011. The father sought the child's return before 21 April 2018, offering short-term accommodation for the mother. The parties had separated on 19 February 2018 after a 15-year relationship. The dispute centred on allegations of family violence, neglect, and abuse, as well as the mother's unilateral relocation of the child to Melbourne.

The court was required to determine the best interests of the child in the context of interim parenting orders, particularly concerning the child's residence and the father's contact. Key issues included the impact of the mother's alleged actions, such as removing the child from his home, school, and routine, and the father's allegations of the mother's lack of insight into the psychological impact on the child. The court also had to consider the wife's allegations of family violence, neglect, and abuse by the husband, which were denied.

The court applied principles relating to interim applications, referencing the Full Court's decision in *Goode*. This required consideration of section 60CC of the *Family Law Act 1975* (Cth), including the benefit of a meaningful relationship with both parents and the need to protect the child from harm. The court noted that while stability is important, the legislative intent favours substantial involvement of both parents, subject to protection from harm. The court concluded that difficult issues involving relocation, particularly where controversial evidence cannot be tested, should generally not be determined at an abridged interim hearing, and the child's present stability may be highly relevant on an interim basis. The court also considered that the consequences of a move, rather than distance alone, are the relevant criteria.