Pacillo and Seales (No 2)

The case of *Pacillo and Seales (No 2)* concerned interim orders made by Hannam J in the Federal Circuit Court of Australia. The proceedings involved a dispute between the parents regarding their child.

The court was required to determine a range of issues concerning the child's living arrangements, communication between the parents, and the parents' conduct in relation to the child. Specific legal issues included the child's residence, restrictions on the child operating a motor vehicle, the mother's alcohol consumption when the child was in her care, and the method of communication between the parents. Further issues addressed the parents' obligations to maintain active mobile telephones, notify each other of changes to contact details, and inform the other parent of the child's medical treatment. The court also considered orders restraining the denigration of a parent in the child's presence, authorising access to the child's school and medical information, and requiring a mental health assessment for the mother. The proceedings also involved a contravention application, necessitating sentencing proceedings.

Hannam J made a series of interim orders designed to manage the immediate welfare of the child and the conduct of the parents. The child was ordered to live with the mother, and both parents were restrained from allowing the child to operate a motor vehicle without a licence. The mother was specifically restrained from consuming alcohol while the child was in her care. Communication between the parents was to be conducted via SMS, with strict requirements for maintaining active and charged mobile telephones and promptly notifying of any changes to numbers. The mother was also ordered to notify the father of any medical treatment the child received within two hours. Both parents were restrained from denigrating each other in the child's presence and from discussing the proceedings with the child. The court authorised both parties to obtain information from the child's school and treating medical professionals. The mother was directed to arrange a mental health assessment and file a report, and with the consent of the mother, she was to participate in parenting programs or counselling as recommended by the Independent Children’s Lawyer. The court also granted leave for the Secretary of the NSW Department of Family and Community Services to intervene in the proceedings and inspect court documents. Notations indicated that the child and father would have opportunities to participate in therapeutic services to rebuild their relationship, with progress reports to be provided to the court. The Independent Children’s Lawyer was tasked with facilitating communication or time between the child and his father, with any such interactions to be reported to the court. The matter was adjourned for further interim hearings and sentencing proceedings.