Mafton and Salmet (No.2)

In *Mafton and Salmet (No.2)*, Judge Harland considered an application concerning the welfare of a child. The dispute involved the father and the maternal aunt, with the court being asked to make orders regarding the child's living arrangements and handover.

The court was required to determine the immediate living arrangements for the child, specifically whether the child should reside with the maternal aunt for a defined period. Furthermore, the court needed to consider the mechanism for the child's transfer between parties and the consequences of non-compliance with any orders made. The court also addressed the application of provisions relating to family violence and the cross-examination of parties in such circumstances.

Judge Harland ordered that the father deliver the child to the maternal aunt at a police station on a specified date and time. The interim orders were suspended to allow the child to live with the maternal aunt for a week, with a subsequent changeover to be conducted at the same location. The court stipulated that the interim orders would then resume full effect. Crucially, the court warned that if the father failed to comply with the delivery order, a recovery order under s 67U of the *Family Law Act 1975* would issue automatically. The maternal aunt was granted liberty to apply to chambers regarding this recovery order. The court also provided important notes regarding the application of s 102NA of the *Family Law Act 1975* concerning family violence and the implications for unrepresented parties wishing to cross-examine others, including information about the Commonwealth Family Violence and Cross-Examination of Parties Scheme.