Peast and Peast

In *Peast and Peast*, Judge Curtain of the Family Court of Australia considered an application by the father for interim orders concerning his daughter. The dispute centred on the mother's psychiatric condition and its impact on her capacity to care for the child. The father sought specific interim orders, which the court ultimately dismissed.

The primary legal issue before the court was whether there had been a prima facie case of changed circumstances, as required by *Marsden & Winch*, to warrant the father's requested interim orders. This involved assessing the mother's current psychiatric state, specifically her history of severe obsessive-compulsive disorder, anxiety, and depression, and the potential for relapse.

Judge Curtain placed significant weight on the unchallenged expert report of Dr G, who assessed the mother. While Dr G noted the mother presented as plausible and denied current symptomatology, he also acknowledged the possibility of her minimising her condition and the chronic, relapsing nature of obsessive-compulsive disorder. Consequently, Dr G recommended regular observational care by a treating psychiatrist to monitor for any deterioration, particularly given the potential for stressors to trigger her illness. The judge found this evidence established a prima facie case of changed circumstances.

The court ordered that the father's interim orders be dismissed. All extant proceedings were to be listed for directions before Judge O’Dwyer. Until further order, the mother was to undertake regular observational care through her treating psychiatrist and inform the father of any deterioration in her mental health. The parties' costs were reserved.