Heta and Gittara

In *Heta & Gittara* [2012] FamCA 617, the Family Court of Australia considered an application for interim parenting orders concerning a child, X, following the death of her mother. The child resided with her father, Mr Gittara, and the maternal aunt, Ms Heta, sought increased time with X. The proceedings were complicated by a pending coronial inquest into the mother's death, which both parties believed might impact the parenting proceedings. The court was required to determine whether it was in X's best interests to spend increased time with her maternal aunt on an interim basis, pending the final trial.

The court's reasoning focused on the paramount consideration of the child's best interests, as outlined in Part VII of the *Family Law Act 1975* (Cth) and supported by case law such as *Goode v Goode* and *Marvel & Marvel (No. 2)*. The judge acknowledged that interim hearings operate within a truncated environment, requiring reliance on admitted facts and evidence about which there is no reasonable disagreement. Expert reports from a psychiatrist and a family report prepared for the Independent Children's Lawyer were considered highly relevant due to the extreme hostility and mistrust between the parties. The court noted that any interim orders were likely to remain in place for a significant period, particularly as X was due to commence school in 2013, and that the current arrangements provided insufficient time for X to develop a meaningful relationship with her maternal family.

The court found that the existing arrangements allowed too little time for X to benefit from contact with her maternal family. Drawing on the expert opinions, the judge concluded that increased time with the maternal aunt would be beneficial for X, allowing her to settle and develop deeper relationships, while also preserving stability in the lead-up to school. The father's apparent unwillingness to facilitate increased time with the maternal family was noted with concern. Consequently, the court made orders for increased time between X and her maternal aunt, including specific arrangements for six-week cycles and school holiday periods, and vacated a previously scheduled hearing before a Registrar, relisting the matter for a later date.