Rilak and Tsocas (No 6)

This matter concerned an application by the mother for a stay of certain parenting orders made on 13 November 2015, and for variations to those orders, in relation to the child B. The application was heard by Loughnan J.

The court was required to determine whether to grant a stay of specific parenting orders pending the mother's appeal, and whether to vary other existing orders by consent. The legal issues revolved around the best interests of the child, particularly concerning the child's name registration, parental communication regarding the child's welfare and residence, and the arrangements for the mother's time with the child.

The court made several orders by consent. These included staying the operation of one order pending the mother's appeal, and varying other orders to permit the father to amend the child's birth registration to include the surname "Ranis-Tsocas" without the mother's consent, and to require the father to serve a sealed copy of the orders on the Registrar of Births, Deaths and Marriages. Further consent orders addressed the father's obligation to notify the mother of any change of address and details of the child's schooling and medical practitioners, and to inform the mother immediately of any hospital admission for the child. The court also stayed certain orders concerning the mother's time with the child, substituting them with new arrangements involving supervised contact at specific venues, with the mother to pay for the supervision by Phoenix Rising for Children. A condition was imposed that the mother diligently prosecute her appeal. The mother's application for a stay in respect of other parenting orders was dismissed, and the father was given 14 days to file and serve any cross-appeal. The court noted the mother's intention to seek expedition of her appeal.