Pagonis and Pagonis and Ors

This matter came before Judge Young concerning parenting arrangements for the child X. The dispute involved an application for orders that were inconsistent with a family violence order, necessitating consideration under section 68P of the *Family Law Act 1975* (Cth). Both parties also made an oral application for section 102NA of the Act to apply, which governs the personal cross-examination of a party in certain circumstances.

The court was required to determine whether the proposed parenting orders were inconsistent with a family violence order and, if so, to make appropriate orders under section 68P. Furthermore, the court had to consider the application of section 102NA, specifically whether the father should be permitted to cross-examine the mother personally, given the court's satisfaction that the criteria under section 102NA(1)(c)(iii) were met. The court also needed to establish the specific parenting arrangements for the child, including living arrangements, time spent with each parent, holiday arrangements, communication protocols, and necessary therapeutic interventions for both parents and the child.

Judge Young found that section 102NA applied, preventing the father from personally cross-examining the mother, and advised the parties of this restriction and their right to seek legal assistance. The court then made orders for joint parental responsibility, with the child to live with the mother and spend time with the father on alternate weekends and for half of each school holiday period, with specific provisions for birthdays and other special days. Communication between the parties was restricted to SMS text messages concerning only arrangements for the child. The father was ordered to access counselling as recommended in a family report, and the mother was directed to arrange for the child to be referred to a psychologist for anxiety, obtaining a mental health care plan without delay. Copies of the orders were to be provided to the Registrar of the Magistrates Court, the Commissioner of Police (South Australia Police), and a Child Welfare Officer.