MONTE & AQUILA

In the matter of *Monte & Aquila*, heard by Bell J of the Family Court of Australia, the father sought final orders for the child to be removed from the mother's care and live with him, while the mother sought for the child to remain in her care. Allegations of sexual abuse or inappropriate sexual conduct by the father towards the child were made by the mother.

The court was required to determine the best interests of the child, considering the factors outlined in section 60CC of the *Family Law Act 1975* (Cth), including allegations of sexual abuse and domestic violence. The court also needed to decide whether to make final orders regarding the child's living arrangements and parental responsibility, or if interim orders were more appropriate given the circumstances.

Bell J found that there had been no sexual abuse of the child by the father, but did find that domestic violence had occurred. Consequently, the court was unable to make final orders at that time. The court made interim orders for the child to live with the mother and for the mother to have sole parental responsibility. The father was granted supervised time with the child, which was to gradually transition to unsupervised time over a period of six weeks. The matter was adjourned for six months to allow for further assessment and the potential making of final orders.