Nardo and Nardo (No. 2)

In *Nardo and Nardo (No. 2)*, the Family Court of Australia considered competing interim parenting applications concerning the time a child, C, born in July 2009, should spend with her father. The mother alleged family violence perpetrated by the father, which he absolutely denied. The proceedings were characterised by high parental conflict and a significant lack of communication between the parties. The Independent Children’s Lawyer advocated for a cautious approach to commencing overnight time, while the father sought immediate commencement of significant overnight time.

The court was required to determine the extent to which the father's overnight time with the child should commence and the specific timing of that commencement. This involved balancing the child's need for a meaningful relationship with her father against the need to protect her from harm, considering various factors outlined in section 60CC of the *Family Law Act 1975* (Cth). Key issues included the child's expressed wishes, the nature of her relationship with each parent, the parents' ability to facilitate a continuing relationship, the likely effect of any change in circumstances, and the practicalities of care and expense. The court also had to consider the unresolved allegations of family violence, which remained untested at the interim stage.

Collier J applied the principles of the *Family Law Act 1975* (Cth), focusing on the best interests of the child. Her Honour noted the high level of conflict and the difficulty in ascertaining the truth of the family violence allegations, applying the *Briginshaw* standard for proof. The court found that while the child enjoyed time with her father, a significant and immediate increase in overnight time, as sought by the father, would be a substantial change that the child might not cope with easily. The court also expressed concerns about the father's past behaviour regarding compliance with orders and the potential for further escalation of conflict if changeovers were not supervised.

Consequently, the court ordered that the child would continue spending time with the father each Saturday from 9:00 am to 5:00 pm until 5 April 2013. Thereafter, the father's time with the child was to commence from after pre-school or school on Fridays until 5:00 pm on Saturdays, beginning on 5 April 2013. The court also made orders regarding changeover arrangements, the use of a communication book, and attendance at parenting courses, while declining to make orders for SMS or telephone contact due to concerns about potential abuse and the existing communication breakdown between the parties.