RAHMAN & BAILARD

In the Family Court of Australia, Judge Harman considered interim care arrangements for a child, X, in proceedings between the child's father, Mr Rahman, and the child's mother, Ms Bailard. The dispute arose following the child's transfer from Ms Bailard's care to Mr Rahman's care, allegedly after Ms Bailard's arrest for breaching an apprehended domestic violence order. Ms Bailard did not appear at the court event.

The court was required to determine whether it was appropriate to make interim orders for the child to live with the father, and to restrain the mother from taking the child into her care, given the circumstances. Key issues included whether Ms Bailard was aware of the proceedings, the best interests of the child, and whether the evidence suggested a risk to the child's safety and stability. The court also considered the implications of Ms Bailard's non-appearance and the need for due process.

Judge Harman reasoned that the evidence, on its face, suggested a risk to the child, and that the child's stability and best interests favoured remaining in the father's care. The court granted leave for Mr Rahman to make an oral application for orders that the child live with him and that Ms Bailard be restrained from taking the child. The court made orders for the child to live with the father pending further order, and pursuant to section 68B of the *Family Law Act 1975*, restrained Ms Bailard from taking the child into her care or attending at the father's premises or the child's daycare, except as agreed in writing. The court also directed the NSW Police Service to provide information regarding any notifications of suspected abuse or family violence concerning the parties and the child, and requested documents from the Local Court concerning the parties. Ms Bailard was given a deadline to file a response and affidavit if she wished to participate, and was required to attend court on a specified date. The matter was adjourned for further directions.