RAHMAN & BAILARD (No.2)

This matter concerned interim parenting arrangements between Ms Bailard (the mother) and Mr Rahman (the father) concerning their child, [X]. The dispute arose following the mother's involuntary admission to a psychiatric unit, after which the child transitioned from her care to the father's. The mother did not wish to engage with Legal Aid or its solicitors.

The court was required to determine the safety of the child, the potential harmful outcomes that might be present, and the capacity of the mother to care for the child, particularly in light of allegations of family violence raised by the mother and the father's concerns. The court also considered the due process rights of the mother.

In its reasoning, the court acknowledged the competing allegations and the need to treat them as capable of successful prosecution to a point of finding. The court balanced the known facts, including the child's safety and the mother's recent psychiatric admission, with the mother's allegations. The court ordered that pending further order, the child would spend supervised time with the mother at a children's contact service. An Independent Children's Lawyer was appointed to represent the child's interests, and a Family Consultant was requested to prepare a report for the court. The matter was adjourned for further mention and directions.