Hughes and Kelly

This matter concerned an interim hearing before Austin J in the Family Court of Australia, involving the mother and father of a child, B. The dispute revolved around interim parenting arrangements for the child.

The court was required to determine the terms of interim orders concerning the child's living arrangements, time spent with each parent, communication between the child and the father, and specific prohibitions and obligations placed upon each parent. The court also considered applications for interim relief.

Austin J made orders discharging former orders and establishing new interim arrangements. The child was ordered to live with the mother, with specific provisions for the child to spend time with the father, including collection and return arrangements. The court also ordered regular telephone communication between the child and the father. Further, the father was restrained from allowing the child to be in the presence of the paternal grandfather unless supervised by the father, and the mother was restrained from submitting the child to counselling at the D Sexual Assault Clinic. Both parties were restrained from denigrating each other in the child's presence and were required to keep each other informed of their contact details. The court also noted that particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet.

The court dismissed the application for interim relief contained within the Initiating Application filed on 29 August 2017, the application for interim relief contained within the Response filed on 1 December 2017, and any other outstanding applications for interim relief. The parties retained parental responsibility for the child, and the proceedings were listed for further procedural directions.