JASENTU& SUWANDARATNE

The case of *Jasentu & Suwandaratne* involved proceedings before Hannam J in the Family Court of Australia concerning the welfare of a child. The dispute centred on arrangements for the child's living arrangements and time spent with each parent. The parties had reached a consent agreement regarding these matters, which was presented to the court for endorsement and incorporation into formal orders.

The primary legal issues before the court were to determine appropriate interim and final parenting orders for the child, ensuring the child's welfare and best interests were paramount. This included establishing a living arrangement, a schedule for the child to spend time with each parent, and the appointment of an independent expert to report on matters relevant to the child's welfare. The court was also required to consider the practicalities of implementing these orders, including the financial responsibilities of the parties and the process for obtaining expert evidence.

Hannam J applied principles of family law, particularly those relating to the best interests of the child as enshrined in the *Family Law Act 1975* (Cth). The court made orders by consent, reflecting an agreement between the parents. These orders stipulated that the child would live with his mother and spend significant time with his father on alternate weekends and during school holidays. Crucially, the court appointed Dr B as an expert pursuant to Chapter 15 of the Family Court Rules to inquire into and report on various aspects of the child's welfare, including the child's wishes, relationships, and the capacity of each parent. The court also addressed the costs associated with the expert's report and the potential for cross-examination, ordering that each parent bear half of these expenses.

The court made interim orders for the child to live with his mother and spend time with his father, commencing on specific dates. Further orders were made by consent, incorporating a detailed agreement between the parties into a court exhibit. These consent orders included the appointment of an expert, the scope of the expert's report, and the financial contributions of each parent towards the expert's fees. The court also included provisions regarding the inclusion of particulars of obligations and consequences of contravention, and noted factors that would assist the court in relation to future holiday arrangements.