Johnson and Charles

This matter came before Johns J concerning the care arrangements for a child, B. The dispute involved the parents' differing views on the child's living arrangements and the father's actions in relation to the child's schooling and compliance with court orders.

The court was required to determine the appropriate interim living arrangements for the child, B, and to address the father's conduct, including his alleged withholding of the child from school and his failure to comply with previous court orders. The court also needed to consider the impact of these issues on the child's best interests, particularly in relation to her relationship with both parents and her educational and social development.

Johns J reasoned that the father's actions, including withholding the child from school and failing to comply with court orders, had significantly interrupted the child's relationship with her mother. The court found that the father's relentless pursuit of litigation had come at a significant cost to the child. In light of these findings, and considering the child's prior week-about arrangement with her mother, the court made orders for the child to live with the mother for specific periods and with the father for alternate weeks. These orders were designed to enable the child to resume a relationship with her mother and were deemed to be in the child's best interests, despite an anticipated initial period of upset for the child. The court also made orders restraining the parties from denigrating each other or discussing proceedings in the child's presence, and directed the father to vacate the Commonwealth Law Courts. Further orders were made for the preparation of the case for a final hearing, including the filing of amended applications, affidavits, and a family report.