Reichstein and Reichstein and Anor (No. 3)

In *Reichstein & Reichstein (No. 3)*, the Family Court of Australia considered an application for interim orders concerning the living arrangements and time spent with the child, V. The parties, Mr Reichstein (applicant father) and Ms Reichstein (respondent mother), appeared unrepresented. The Independent Children’s Lawyer, appointed to represent V's interests, also made submissions. The court had regard to affidavit material, a report from the Department for Education and Child Development, and a Family Consultant's memorandum.

The primary legal issues before the court were to determine with whom the child, V, should live and spend time on an interim basis, and to address the parties' inability to co-parent effectively. The court was required to consider V's best interests, taking into account her age (over 14) and expressed wishes, as well as the serious concerns raised by the mother regarding V's welfare and associations. The court also had to consider the father's request for the return of V's computer and accessories, which was disputed by the mother.

Justice Dawe reasoned that given V was already residing with her father and had expressed strong views about her living arrangements, it was in her best interests for an interim order to be made reflecting this reality. The court noted the parties' difficult relationship and their inability to confer or act responsibly towards each other, which compounded the risk to V. To facilitate a future reconnection between V and her mother, the court ordered that V live with the father, with the condition that he monitor V's internet use, relationships, whereabouts, safety, and emotional wellbeing, and keep the mother informed. Furthermore, both parents were ordered to confer with the Independent Children’s Lawyer to discuss arrangements for therapy for themselves and/or V, with the aim of V recommencing spending time with her mother in the future.