MAGAR & RASTOGI

This matter came before Berman J of the Family Court of Australia concerning an application by the mother for interim orders regarding time with the child. The dispute arose after the child, previously observed to have a positive relationship with the mother, subsequently refused to spend time with her, with no apparent explanation for this refusal.

The court was required to determine whether to make interim orders for the child to spend time with the mother, and to consider the appropriate steps for assessing the family's situation. The central legal issue was how to best facilitate the child's relationship with the mother in circumstances of unexplained refusal, while also ensuring the child's welfare.

Berman J applied the principles governing interim parenting orders, which require a consideration of the child's best interests and the need for a practical and safe arrangement pending final determination. The court noted the previous positive relationship between the child and mother and the lack of an explanation for the current refusal. Consequently, the court ordered that the parties and the child attend a family report assessment pursuant to s 62G(2) of the *Family Law Act 1975* (Cth).

The court made interim orders for the child to spend two nights with the mother, commencing on 18 August 2017, with specific arrangements for the handover and return of the child. Further consideration of the matter was adjourned to 14 September 2017.