HEATH & PASCALL (No.3)

In the matter of HEATH & PASCALL (No.3), Judge Monahan of the Family Court of Australia considered an application concerning the location for child changeovers between the parents. This interim hearing arose after a final hearing had concluded, with judgment reserved, and the court had indicated its view that the existing changeover location was not in the child's best interests. The parties had been unable to reach an agreement on a new location.

The central legal issue before the court was to determine an appropriate and safe changeover location for the child, given the court's prior indication that the existing arrangement was detrimental to the child's welfare. The court was required to make orders that would facilitate the child's time with the father while prioritising the child's best interests in the interim, pending the delivery of judgment in the substantive parenting matter.

The court reasoned that a new, more suitable changeover location was necessary. It ordered that, unless otherwise agreed, changeovers should occur at the child's day care centre or pre-school when the child was attending, and on other occasions at a new contact centre, with the parties sharing the costs. The court also made provisions for the enrolment process at the new contact centre, stipulated an interim arrangement at a different contact centre until the new one became available, and established an alternative location should the new contact centre be unavailable. These orders were to be read in conjunction with existing orders, and the substantive parenting matter remained adjourned for judgment.