Katsapis & Grunwald

The appeal concerned interim orders regarding the time a six-year-old child would spend with his father. The parties, the mother and the father, agreed that the appeal should be allowed and the matter remitted for rehearing. The central question before the court was the nature of interim orders to be made pending that rehearing.

The legal issues before the court were whether to grant the father's request for the child to spend an additional afternoon with him each week, and what interim orders should be made to facilitate this, considering the potential impact on the child and the practical difficulties raised by the mother. The Independent Children's Lawyer did not oppose the father's proposal but raised concerns about the potential negative effects of frequent changes to the child's arrangements.

The court reasoned that the child's welfare was marginally more likely to be advanced by the reintroduction of the additional afternoon with the father. The mother's opposition was primarily based on practical difficulties, which the court considered could be addressed or reviewed at the final hearing. The court indicated that if the reintroduction of the additional afternoon proved unsatisfactory, this would be dealt with at the final hearing. The appeal was allowed, and the matter was remitted for rehearing, with interim orders to be made reflecting the court's decision on the additional afternoon.