Rilak and Tsocas (No 3)

In the matter of Rilak and Tsocas (No 3), Loughnan J of the Family Court of Australia made orders concerning interim parenting arrangements for the child B. The proceedings involved a dispute between the mother and father regarding the child's time with each parent and related matters.

The court was required to determine several issues, including the terms of interim parenting orders, the filing and service of further affidavits, the preparation of a trial plan for the final hearing, and the provision of specific information regarding the child's schooling. The court also addressed the interaction between its orders and an interim apprehended violence order made by the Local Court, clarifying the prevailing authority in cases of inconsistency.

Loughnan J made various orders, including granting the mother leave to file a further affidavit and listing the proceedings for a final hearing. The court established a schedule for the filing of affidavits and directed the Independent Children’s Lawyer to settle a trial plan. Crucially, the court varied existing parenting orders to provide for the child to spend time with the father from Friday afternoon until Monday morning, with specific arrangements for collection and supervision. The mother was also restrained from discussing the proceedings or allegations of abuse with the child or in the child's presence. The court noted that its orders, to the extent of any inconsistency, would prevail over the interim apprehended violence order, and directed that sealed copies of the orders be sent to relevant authorities.