Meinhardt and Santos (No 2)

This case involved an application by the father, Mr Meinhardt, seeking a variation of final parenting orders concerning the parties' child, Y. The mother, Ms Santos, sought the dismissal of the father's application pursuant to the rule in *Rice & Asplund*, arguing that there was no likelihood of the existing orders being significantly varied. The proceedings were heard in the Family Court of Australia by Justice Dawe.

The court was required to determine two primary legal issues. Firstly, whether the father's application should be dismissed on the basis of *Rice & Asplund*, considering whether a rehearing was likely to result in significant changes to the existing orders and whether the potential detriment to the child of continued litigation outweighed any such changes. Secondly, the court had to consider whether, on an interim basis, it was in the child's best interests to change the existing care arrangements, which involved equal shared parental responsibility and the child living week about with each parent.

Justice Dawe refused to dismiss the father's application on a *Rice & Asplund* basis at this interim stage, finding that it was not in the child's best interests to do so given the serious allegations made by both parties. The court noted that the mother alleged sexual abuse by the father, while the father alleged emotional and psychological abuse of the child by the mother. However, the court was not satisfied that it was in the child's best interests to alter the existing parenting arrangements at this interim stage, nor was it deemed necessary for the child's protection. The court also declined to make an interim order changing the child's school.

Consequently, the court made several orders to facilitate the preparation of the matter for a final hearing. These included the independent representation of the child Y, the invitation of the Northern Territory Department of Children and Families to intervene, and the preparation of a report by that department concerning the allegations made by both parents and the child's general circumstances. The court also granted leave for the Independent Children's Lawyer to issue subpoenas to the Department of Children and Families and the Northern Territory Police for relevant investigation files. Furthermore, a report was requested from a counsellor, Mr R, regarding the child's counselling, progress, and the allegations made by both parties. The matter was adjourned for further consideration and directions.