RIGG & STILWELL

This matter concerned an application before Judge Harman in the Federal Circuit Court of Australia, involving Mr Rigg and Ms Stilwell, who were parents of a child, X. The dispute centred on parenting arrangements for X, with allegations of sexual assault by the father being a significant factor.

The court was required to determine interim parenting orders, including the suspension of existing final orders, the allocation of parental responsibility, and the specific time X would spend with each parent. Further issues included the conditions under which contact would occur, restrictions on parental behaviour towards the child and each other, and the necessity of obtaining information from law enforcement agencies regarding allegations of abuse and family violence. The court also considered the appointment of an Independent Children's Lawyer.

Judge Harman made several interim orders, suspending the final parenting orders and granting each parent parental responsibility while the child was in their care. Specific supervised time with the father was ordered, along with telephone contact. Crucially, the court imposed significant restraints on both parents, prohibiting denigration of the other parent, discussion of proceedings with the child, and questioning the child about time spent with the other parent, particularly concerning allegations of sexual assault. The court also directed both the Victorian and NSW Police Services to provide relevant documents and information concerning any notifications of suspected abuse or family violence involving the parties and the child, with provisions to protect the identity of notifiers. An Independent Children's Lawyer was appointed for X.