JASKO & FAWNE

In *JASKO & FAWNE*, heard before Altobelli J in the Federal Circuit and Family Court of Australia, the dispute concerned interim parenting arrangements for a child. The application before the court was brought by the paternal grandparents seeking to be appointed as supervisors of the child, in circumstances where no other suitable alternatives were presently available.

The primary legal issue before the court was whether the paternal grandparents could be considered suitable supervisors for the child on an interim basis. This required the court to consider the capacity of the grandparents to provide adequate care and supervision, and whether any conditions or undertakings could be imposed to mitigate potential risks and ensure the child's welfare.

Altobelli J reasoned that while the court's paramount consideration is always the best interests of the child, interim orders can be made even in circumstances where the proposed supervisors are not ideal, provided that appropriate safeguards are in place. The court determined that the paternal grandparents could be suitable supervisors, subject to the imposition of specific undertakings. These undertakings were designed to address any concerns regarding their capacity to supervise and to ensure the child's safety and well-being during the interim period. The court emphasised that the suitability of supervisors is a fact-specific assessment, and that the court has a broad discretion to impose conditions to achieve the best interests of the child.