Ridley & Ridley

The parties involved were the mother and the father, with the Independent Children's Lawyer also participating. The dispute concerned final parenting orders for the child, B, born in 2010. Previous final parenting orders made in December 2014, in the mother's absence, and fresh consent orders in June 2015, had not been complied with. The father subsequently filed a fresh application for parenting orders. The matter came before Austin J.

The court was required to determine interim parenting orders and address the child's best interests, particularly in relation to her relationships with both parents. Key issues included the impact of the current arrangements on the child's relationship with her father, the mother's perceived influence, and the parties' capacity to exercise parental responsibility given their antipathy. The court also considered the need for a family report and the procedural aspects of the father's application-contravention.

Austin J reasoned that the child's relationship with her father would diminish if no changes were made. The court concluded that the child's best hope for maintaining meaningful relationships with both parents lay in her living with the father, at least temporarily, and having respite from the mother's influence. Consequently, all former parenting orders were suspended, and the child was ordered to live with the father. A limited issues family report was to be procured, focusing on the child's relationship with the father and the mother's capacity to support that relationship. The parties were ordered to attend an assessment with a Family Consultant, and the interim orders were to be reviewed shortly thereafter. The court noted the parties' antipathy prevented them from exercising equal shared parental responsibility.

By consent, leave was granted to inspect documents produced on subpoena. Pending further order, the child was to live with the father, and former parenting orders were suspended. A Family Consultant was directed to prepare a report on specific issues by 7 December 2015. The applications for interim parenting orders and the father's application-contravention were adjourned for further hearing on 10 December 2015.