Landis & Landis

The case before the Federal Magistrates Court of Australia involves an application for interim parenting orders concerning the parties' infant daughter, [X], who was born in 2009. The mother, MS LANDIS, seeks an order that the child should live with her, a request opposed by the father, MR LANDIS. The Independent Children’s Lawyer does not support the mother's application. The parties met online in May 2007, married in Thailand in May 2008, and the child was born in 2009. The mother, a Thai national, arrived in Australia on a temporary spouse visa sponsored by the father. The parties separated in June 2010, with each party accusing the other of domestic violence and questioning the other's parenting capacity.

The court identified several legal issues, including the best interests of the child, the capacity of each parent to provide for the child's needs, and the potential for family violence. The court considered the primary considerations under the Family Law Act 1975, such as the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from harm. The court also evaluated the additional considerations, including the practical difficulties and expense of the child spending time with each parent, and the likely effect of any changes in the child's circumstances.

The court determined that the child's best interests were served by her continuing to live with the father, with regular and increasing time with the mother. The court ordered that the child should spend time with the mother from 8:30am to 1:00pm each Monday, Wednesday, and Friday, starting on 29 November 2010, and that this time should increase to 8:30am to 5:30pm on the same days starting 28 February 2011. The court further ordered that changeovers should take place at the [D] Police Station to avoid altercations between the parents. Additionally, the court restrained both parties from removing the child from Australia and ordered that her name be placed on the Airport Watch List maintained by the Australian Federal Police. The matter is adjourned for a final hearing in May 2011.