Materanzi and Suskain (No 3)

In *Materanzi and Suskain (No 3)*, Forrest J of the Family Court of Australia considered applications to discharge and stay previous orders, and to make new orders concerning the living arrangements of a child. The dispute involved the father, Mr Materanzi, and the mother, Ms Suskain, regarding the primary care and time arrangements for their child, H.

The court was required to determine the best interests of the child, H, by considering the existing orders and the circumstances presented. Specifically, the court had to decide whether to discharge previous orders made by Judicial Registrar Johnston and stay orders made by the Family Court on 17 November 2006. Furthermore, the court needed to establish new parenting orders that would govern the child's living arrangements, including the allocation of time between the parents, supervision requirements, and communication protocols. The court also had to consider injunctions to prevent denigration and discussion of proceedings in the child's presence.

Forrest J discharged the orders of Judicial Registrar Johnston and stayed certain orders from 2006. The court then made new orders for the child, H, to live with the father on alternate Thursdays and alternate weekends, with specific conditions regarding supervision by the father's partner or paternal grandmother, who were required to provide undertakings to the court. The child was to live with the mother at all other times. The father was ordered to ensure the child had her own bedroom and bed when with him. Changeovers were to occur at the child's school, with both parents required to remain away from the school during these times. Injunctions were imposed on both parents, restraining them from denigrating each other or discussing court proceedings in the child's presence. The court also directed the Independent Children's Lawyer to provide a copy of the orders to the child's school principal and granted leave for the issuance of further subpoenas for the final hearing. The orders also incorporated particulars of obligations and consequences of contravention, as per sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).