HABERMAN and Aceda

This matter came before Judge Young of the Federal Circuit Court of Australia concerning parenting orders for a child, X. Mr Aceda, representing himself after terminating his legal representative during the hearing, sought variations to existing orders. The dispute centred on the arrangements for the child's time with the Father and the procedures for changeovers.

The Court was required to determine the terms of new parenting orders, specifically addressing the frequency and duration of the child's time with the Father, the location and timing of changeovers, and the involvement of extended family members in these changeovers. Additionally, the Court needed to consider whether injunctive relief was necessary to regulate the parties' conduct during changeovers.

Judge Young ordered that previous orders be discharged and established a new schedule for the child to spend time with the Father fortnightly from Thursday afternoon to Sunday afternoon, commencing on 9 April 2020. Changeovers were to occur at B Family Centre, with the City C Police Station as an alternative if the Centre was unavailable. The orders also permitted the maternal grandmother to attend or conduct changeovers on behalf of the Mother, and the paternal grandmother to attend or conduct changeovers on behalf of the Father. Crucially, the Court issued an injunction restraining both parties from communicating at changeovers, filming or photographing each other or the child at changeovers, or permitting third parties to do so. The matter was adjourned for a trial call over on 17 June 2020 for further directions.