Raki and Perez Varela

In Raki and Perez Varela, Hannam J considered an application to vary primary parenting orders concerning the child R. The dispute centred on the parents' differing approaches to R's mental health treatment and the management of ongoing parental conflict. Both parents indicated they did not press for the specific orders initially sought in their respective applications.

The court was required to determine how to best manage R's therapeutic needs and the parents' engagement with mental health professionals, particularly in light of the child's apparent need for support due to parental conflict. The court also needed to address the scheduling of future parenting applications in light of proposed family therapy.

Hannam J reasoned that the child required therapeutic intervention and that both parents could benefit from assistance to understand R's experience. The court applied principles of child welfare by facilitating access to therapy. The parties agreed to explore engaging Dr Q, or another therapist selected by the Independent Children's Lawyer, to provide therapy for R and the parents. The court ordered variations to the primary orders to restrict access to mental health professionals to specific individuals, with provisions for general practitioner appointments. The interim hearing was vacated and rescheduled after family therapy commenced, allowing the court to be informed of the therapy's progress.