Henty and Sullivan (No 2)

In *Henty & Sullivan (No 2)*, the Family Court of Australia considered applications by the father, Mr Henty, and the mother, Ms Sullivan, for variations to existing interim orders concerning their nearly three-year-old child. The Independent Children's Lawyer, Ms Wunderlich, also participated in the proceedings. The matter came before Dessau J in Melbourne on 24 November 2011.

The primary legal issues before the court were whether to vary the existing interim orders regarding the child's time with each parent, and how to best ensure the child's stability and best interests given the protracted nature of the proceedings. The father sought a 50/50 shared-care arrangement and, long-term, that the child live primarily with him. Conversely, the mother sought to reduce the time the child spent with the father. The Independent Children's Lawyer sought orders maintaining the status quo.

Dessau J determined that it would be precipitous to alter the current interim arrangements at that stage, particularly given the child's age and the recent increase in her time with the father. The court noted that the child had only recently commenced spending three nights per fortnight with her father, and that any sudden change could be detrimental to her stability. The judge emphasised the importance of the child's best interests and stability, and the need to hear ample evidence before making final orders. Consequently, the court dismissed the oral applications for variation of the interim orders.

The court adjourned the matter for a final hearing on 19, 20, and 21 March 2012. Directions were made for the parties to file and serve affidavits and financial statements by 6 February 2012, and a list of affidavits, a precise Minute of Final Orders, and an Outline of Argument by 13 March 2012. A telephone mention was also scheduled to ensure the case was ready for the final hearing. The court also included particulars of obligations and consequences of contravention of orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).