Little & Thornton

This matter concerned an interim application in a protracted parenting proceeding between Mr Little (the applicant father) and Ms Thornton (the respondent mother) concerning their child, X. The applicant father sought interim orders for a change in the child's residence, which the court deferred to trial. The proceeding involved allegations of mental illness directed by each party towards the other, and the respondent mother was resolutely opposed to the applicant father commencing overnight time with the child. An expert had observed a disturbed and dysfunctional attachment between the mother and the child, and there was an absence of cogent evidence supporting the mother's position.

The court was required to determine the appropriate interim parenting arrangements for the child, particularly concerning the progression of overnight time with the father, given the allegations and expert observations. The court also had to consider the procedural steps necessary to ensure the matter progressed efficiently towards a final hearing, including the filing of further evidence and the scheduling of various steps. The overarching legal issue was to make orders that were in the child's best interests pending the final determination of the proceedings.

Justice A Kelly applied the principles governing interim parenting applications, focusing on the child's best interests. The court noted the expert observation of a disturbed and dysfunctional attachment between the mother and child, and the lack of cogent evidence supporting the mother's opposition to overnight time. The court found that the likely effect of allowing the child to begin spending some overnight time with her father was not detrimental and that nothing should stand in the way of the child developing her relationship with her father. The court made various procedural orders to facilitate the progression of the matter to trial, including vacating the current hearing date and setting a new date for final hearing, directing the filing of amended responses and affidavits, and requesting information from the Department of Families, Fairness and Housing. Crucially, the court ordered that the child spend increasing periods of time with the father, commencing immediately, and that the mother attend a psychological assessment.

The court made orders for the progression of the child's time with the father, commencing with day visits and progressing to overnight stays. These orders were designed to allow the child to develop her relationship with her father while the final hearing was pending. The court also made significant procedural orders to ensure the matter was prepared for trial, including the provision of expert reports and the scheduling of various steps. The court noted that these orders took precedence over any conflicting intervention orders.