Philidor & Philidor

This case involved an application for interim parenting orders in a family law matter, heard before McNab J of the Federal Circuit and Family Court of Australia. The primary concern was whether the court should make interim orders for supervised visitation between the father and the child, given that the child had not seen the father since mid-2020. The mother opposed the interim orders, arguing that they would pre-empt the final decision on whether the father should have any contact with the child and that they would not adequately facilitate a proper reintroduction between the father and the child.

The court was required to decide whether making interim orders for supervised visitation would be a form of pre-judgment, and if so, whether such orders should still be made. The court considered the evidence presented during the eight-day hearing, which was part-heard, and the submissions from the Independent Children's Lawyer, the father, and the mother. The court also took into account the upcoming evidence from the Family Report Writer, which was to be provided by video link. McNab J noted that the mother had not expressed any intention to continue seeing the psychotherapist opposed by the father and the Independent Children's Lawyer and encouraged the mother to begin working with a clinical psychologist.

The court reasoned that making interim orders for supervised visitation could potentially pre-empt the final decision on whether the father should have any contact with the child. McNab J concluded that, given the short period until the next hearing date and the extensive evidence presented, it was not appropriate to make the interim orders sought at that time. The court decided to adjourn the matter for a final hearing, where the Family Report Writer's evidence would be heard, and the final orders could be made accordingly.

The court ordered that the matter be listed for final hearing on 18 April 2023, with the Family Report Writer providing her evidence by video link. The court also ordered that each party file and serve closing written submissions before the final hearing and that the parties make closing addresses at the conclusion of the Family Report Writer's evidence.