PARVEY & BALWIN

In the Federal Circuit Court of Australia, Judge L. Turner presided over an interim parenting dispute between Parvey and Balwin concerning their child, X, who was nearly three years old. The parties had a history of allegations against each other and had previously entered into interim consent orders for shared care. However, the mother had unilaterally relocated the child several hours away from the father, ceasing his time with the child.

The court was required to determine the interim parenting arrangements for the child pending the release of a family report. Specifically, the court needed to decide on the child's residence, the father's time with the child, and whether to appoint an Independent Children's Lawyer. The court also had to consider the implications of the mother's relocation and the potential for further court orders if she failed to comply with relocation directions.

The court reasoned that, given the ongoing dispute and the child's young age, it was in the child's best interests to be returned to live in close proximity to the father's residence. The court ordered that the child live with the mother but spend time with the father every weekend. The court also ordered the appointment of a Family Consultant to prepare a family report, with specific directions regarding the content of the report, including the child's views and the factors under section 60CC of the *Family Law Act 1975*. The court further ordered that an Independent Children's Lawyer be appointed to represent the child's interests.

The court made interim parenting orders that, within 30 days, the child X be relocated to live within 50km of Town B, New South Wales. The child was to live with the mother and spend time with the father every weekend. The court also made alternative orders should the mother not relocate with the child, and a recovery order would issue if the mother failed to relocate the child within the specified timeframe. The court also prohibited further relocation of the child without a court order and adjourned the matter for mention.