KILLEN & CONRAD

This matter concerned an application by the mother for interim parenting orders, seeking to vary existing final orders. The dispute arose because compliance with the previous final orders was impacted by COVID-19 social distancing and restricted activity measures. The mother sought supervised time with the child for up to six hours, having already agreed to three hours on Mother's Day. She proposed an additional three hours of make-up time on Sunday, 24 May 2020, at her residence or her maternal uncle's residence. The father opposed this additional time if it occurred in the presence of the maternal uncle.

The court was required to determine whether COVID-19 safety measures impacted the viability of the mother's application for supervised time at the maternal uncle's residence. It also needed to consider whether there was insufficient evidence to establish that supervised time with the mother at her residence posed an unacceptable risk. The court noted an inability to consider the principle established in *Rice v Asplund* (1979) FLC 90-725 in the circumstances.

In its reasoning, the court acknowledged the impact of COVID-19 restrictions on parenting arrangements. It found that the father's opposition to the maternal uncle's presence was a significant factor. The court ultimately made orders for the child to spend time with the mother on 24 May 2020, but stipulated that the location and circumstances of this time were to be determined by the father. The court ordered that the child spend time with the mother from 12pm to 3pm on Sunday, 24 May 2020, at a location and in circumstances determined to be acceptable by the father.