Leszek and Marston

This matter concerned an interim hearing before Dessau J in the Family Court of Australia regarding the parenting arrangements for an 11-year-old child, W. The applicant father sought an interim order for W to live with him, while the respondent mother opposed this, proposing instead to formalise W's time with his father. The child had lived with his mother for most of his life, and while he had a close relationship with his father and paternal grandparents, he had exhibited challenging behaviour in the preceding year, which the father attributed to the mother's household environment.

The court was required to determine the interim parenting arrangements for W, specifically whether to order a change in his residence to live with his father, or to maintain the status quo with his mother. In doing so, the court had to consider the principles outlined in Part VII of the *Family Law Act* as amended, including the benefit to the child of a meaningful relationship with both parents and the need to protect the child from harm, as well as the child's views and the importance of stability.

Dessau J applied the principles from *Goode and Goode*, noting that at an interim hearing, the inquiry is necessarily curtailed. The court considered the child's welfare under section 60CC of the *Family Law Act*. Despite acknowledging the mother's concession of some conflict within her household and the father's genuine concerns, the court found that the expert opinion of a child psychologist, who had seen the child and both parents, did not support an immediate change in W's residence. The psychologist's report indicated that W required stability and consistency, and that the issues causing concern had become more settled. The court also noted the child's own expressed wishes, as conveyed through the psychologist, to remain with his mother while maintaining regular contact with his father.

Consequently, the court made orders for equal shared parental responsibility, with W to live with his mother. The father was to spend time with W as agreed between the parents, with specific provisions for weekend and holiday visits, travel arrangements, and communication. The court also ordered ongoing family therapy for W with his mother and father, and that the Anglicare counsellor report on W's progress. The matter was to be placed on the Trial Notice List for a final hearing, with liberty to apply to the court on short notice.