Klein & Hartmann

The parties in this matter sought interim parenting orders concerning their child, X, born in 2007. The dispute involved arrangements for X's residence, schooling, and time with each parent, particularly in light of the mother's interstate relocation and concerns surrounding COVID-19. The proceedings were before Judge O'Shannessy in the Federal Circuit Court of Australia.

The court was required to determine the best interests of the child, X, in relation to his residence, the allocation of parental responsibility, and the specific arrangements for his time with each parent, including school holiday periods and communication. A key issue was the child's enrolment and attendance at a new school for the 2021 academic year, with competing proposals for X to attend either School I in City C or School A in Sydney.

The court found that while both parties sought equal shared parental responsibility, neither proposed equal time arrangements as being practical or in the child's best interests, given the interstate relocation. Applying the principles of the *Family Law Act 1975* (Cth), the court determined that X's best interests would be most advanced by living with his mother in Sydney. The court also ordered that X be enrolled at School A in Sydney, considering this to be the lesser change for the child despite the relocation. Specific arrangements were made for X to live with his father until 19 December 2020, and then for defined periods during the Christmas school holidays and subsequent school terms, with provisions for communication and changeovers.

The court made orders for equal shared parental responsibility, with X to live with the mother. Specific time arrangements were set for X to live with the father until 19 December 2020, and then for defined periods during school holidays and terms. X was ordered to be enrolled at School A in Sydney for the 2021 school year. The parties were also ordered to attend upon a Family Consultant for a private family report, with costs to be shared equally. The proceedings were adjourned for a final hearing.