Lissa & Simu & Anor

This matter concerned an interim hearing before Judge Monahan in the Federal Circuit and Family Court of Australia. The dispute involved parenting arrangements for a child, X, born in 2015, who was residing with the maternal grandmother. The child had no relationship with the biological father, who may have been incarcerated. The primary issue was whether the child's time with the mother, which was currently supervised by a paid service and for which the parties were on a waitlist for a contact centre, should continue with professional supervision or transition to, or run in tandem with, supervision by the maternal grandfather or paternal great-grandmother.

The court was required to determine the best interests of the child in relation to these proposed changes to supervised time with the mother. Specifically, the court had to consider the suitability of the maternal grandfather and the paternal great-grandmother as supervisors, the conditions under which such supervision should occur, and how these arrangements would interact with existing or pending professional supervision. The court also needed to address the practicalities of implementing any new supervision arrangements, including the costs involved and the need for undertakings from the proposed supervisors.

In its reasoning, the court applied the paramountcy principle of the child's best interests under the *Family Law Act 1975* (Cth). The court made detailed orders to facilitate supervised time between the child and the mother, allowing for a phased transition and a combination of professional and family-based supervision. The orders stipulated specific time limits, locations, and supervision requirements for both the maternal grandfather and the paternal great-grandmother, including the necessity for professional supervision at changeovers for initial periods and the requirement for undertakings from the supervisors. The court also granted liberty to the Independent Children's Lawyer to approach Chambers if concerns arose regarding the arrangements.

The court ordered the discharge of a previous order and made new interim orders pending further directions. These orders detailed the supervised time arrangements with the mother, including provisions for professional supervision, supervision by the maternal grandfather (Mr Lissa) with specific conditions, and supervision by the maternal great-grandmother (Ms C) with distinct conditions. The matter was adjourned for a directions hearing to review progress, consider expert reports, and address any ongoing disputes.