MANCARI & PADOVA

In the matter of *Mancari & Padova*, Judge Morley of the Federal Circuit and Family Court of Australia considered an application for interim parenting orders concerning the child, X, born in 2012. The dispute involved allegations of risks asserted by the Mother, which were denied by the Father. The court noted that the child's time with the Father had, to date, been supervised. The Father alleged parental alienation by the Mother, but this was not established. Conversely, the Father had indicated an intention to alienate the Mother. Both parties also asserted family violence against the other.

The court was required to determine the interim living arrangements for the child, the nature and extent of the child's time with the Father, and whether that time should be supervised. Further issues included the need for protective orders regarding the parties' conduct towards each other and the child, and the requirement for both parents to undertake specific programs.

Judge Morley reasoned that given the asserted risks and the history of supervised contact, it was appropriate for the child to live with the Mother. The court ordered that the child spend supervised time with the Father each alternative week on Thursday afternoons, with flexibility for alternative arrangements by agreement, for a maximum of three hours. This supervision was to be conducted by a commercial contact supervision agency at the Father's cost. The court also made extensive orders restraining both parties from denigrating each other or discussing the proceedings in the child's presence, from using physical discipline, and from consuming alcohol to a level that would impair their ability to drive. Specific injunctions were made against the Father, including restrictions on communication with the Mother and child, and proximity to the Mother's residence and the child's school, except for specific school functions. Both parents were also ordered to attend the "Bringing Up Great Kids" course, and the Father was directed to complete an anger management program and a "Men's Behaviour Change" program.