Mandel and Williamson

In the Family Court of Australia, Mr Mandel (the applicant father) sought orders concerning his time with the subject child, B, and also sought parentage testing. Ms Williamson (the respondent mother) consented to the parentage testing but proposed different orders for testing. The dispute involved allegations of family violence and drug abuse by the father, which he denied, and concerns about the father's past inappropriate conduct with the child.

The court was required to determine the interim parenting arrangements for the child, B, considering the paramount consideration of the child's welfare and best interests. This involved assessing the objects and principles of the *Family Law Act 1975* (Cth), including the benefit of a meaningful relationship with both parents and the need to protect the child from harm. The court also had to consider additional factors such as the child's relationship with each parent, the parents' ability to facilitate a relationship with the other parent, the likely effect of changes in circumstances, and the capacity of each parent. The presumption of equal shared parental responsibility under s 61DA of the Act was also a consideration, though its application in interim proceedings was subject to the court's assessment of appropriateness.

The court reasoned that the allegations of family violence and drug abuse were strongly made and denied, necessitating a full hearing for their resolution. Given the conflicting evidence and the need for further investigation, the court prioritised the child's welfare by making interim orders that provided for the child to live with the mother. The father was granted supervised time with the child, with specific conditions including urinalysis testing at his expense before commencing time and during the period of supervised contact. The court also ordered DNA parentage testing to be undertaken by an accredited laboratory, with the father to bear the full cost. The court declined to make orders regarding costs for the hearing dates and directed the parties' legal representatives to arrange for a Family Consultant interview to assist in resolving the matter.

The court made specific interim orders for the child to live with the mother and for the father to spend time with the child under supervision, subject to drug testing. Parentage testing was ordered, with the father to cover all costs. The matter was to be relisted after the parentage test results were available, and liberty was granted to either party to relist the matter in case of difficulties. The court also directed the parties' legal representatives to arrange for a Family Consultant interview.