Mohsen & Collings

In *Mohsen & Collings*, the father, Mr Mohsen, sought a review of a Senior Registrar's decision to dismiss his application for a location order. The purpose of the location order was to enable the father to serve documents on the mother, Ms Collings, in relation to his attempt to recommence family law proceedings concerning their child. The original parenting orders, made in 2017, stipulated that the child have no contact with the father.

The court was required to determine whether granting a location order would be in the best interests of the child. This involved considering the father's prospects of successfully prosecuting his claim to vary the existing parenting orders against the likely impact on the mother's psychological and emotional wellbeing, and consequently, her capacity to parent. The court also considered the father's past conduct, including allegations of violence and his attempts to publicise the matter on social media, as well as the mother's history of trauma.

McClelland DCJ reasoned that the father had not established a reasonably arguable case for varying the existing parenting arrangements. Furthermore, the court found an unacceptable risk that the father would present evidence and conduct his case in a manner that would re-traumatise the mother, particularly given her history of experiencing physical violence from the father and the inclusion of intimate communications in his evidence. Such re-traumatisation would not be in the best interests of the child. The court noted that issue estoppel does not apply in parenting proceedings, but earlier findings can be adopted pursuant to s 69ZX(3)(b) of the *Family Law Act 1975* (Cth).

Consequently, the father's application for a review of the Senior Registrar's decision and for a location order was dismissed. The court also gave notice of its intention to consider dismissing the father's initiating application pursuant to s 45A of the *Family Law Act 1975* (Cth) for having no reasonable prospects of success, listing this matter for a future hearing to ensure procedural fairness. The requirement for service of documents on the mother was dispensed with.