HOCKLEY & HOCKLEY

In the Family Court of Australia, Ms. Hockley (Applicant) and Mr. Hockley (Respondent) presented a complex case involving interim orders concerning their child, C. The dispute centred on allegations of mental health issues affecting the mother, and conversely, the mother's serious concerns regarding the physical and mental health of herself and the child if C were to spend time with the father. The matter had a lengthy and intricate history, requiring the court to exercise caution at this preliminary stage of proceedings.

The court was tasked with determining two primary legal issues. Firstly, whether interim orders should be made for the child C to spend time with the father, considering the paramount principle of the child's best interests. Secondly, the court had to address the father's application seeking to halt payments to the Child Support Agency pending a new assessment, given the mother's alleged failure to notify the agency of significant changes.

Justice Dawe, applying the principles from *Goode and Goode* (2006) FLC 93-286 and section 60CC of the *Family Law Act 1975* (Cth), found that the conflicting allegations and the inability to sufficiently test the evidence at this interim stage necessitated a cautious approach. Given the serious nature of the concerns raised by both parties regarding the child's welfare, the court determined that it could not satisfactorily ascertain the child's best interests at that point. Consequently, pending a full trial, no orders were made for the child to spend time with the father. Regarding the child support matter, the court adjourned further consideration to allow the mother an opportunity to provide necessary information to the Child Support Agency and file responding documents.

The court ordered that the children's matter be referred for a fifteen-day trial before a visiting Judicial Officer. Pending trial, there were to be no orders for the child C to spend time with the father. The father's application concerning child support payments was adjourned for further hearing on 17 January 2012, with directions for the mother to file and serve affidavits and provide information to the Child Support Agency within specified timelines. By consent, the parties were ordered to attend a Legal Services Commission conference to attempt genuine negotiations.