ROBERTSON & DOWNIE

This matter concerned an application before Judge Altobelli concerning the parenting arrangements for a child, X, born in 2008. The dispute involved the mother and father of the child, with the court making orders regarding the child's living arrangements, time spent with each parent, communication, and re-enrolment in school.

The court was required to determine the best interests of the child, X, in relation to interim parenting orders. This involved considering various factors, including the child's living arrangements, the presence of a third party, Mr F, in the mother's home, and the father's proposed contact arrangements. The court also addressed the need for drug screening for both parents and the preparation of a Family Report to inform future parenting orders.

In its reasoning, the court applied principles under the *Family Law Act 1975*, particularly sections 60CC and 65DAA, which guide decisions regarding the best interests of the child. The orders reflect a careful balancing of the child's need for stability and safety with the importance of maintaining a relationship with both parents. The court mandated specific conditions for the father's time with the child, including his residence with his mother and sister, and imposed restrictions on his conduct during contact. Furthermore, the court ordered undertakings from both parents regarding their conduct and communication in the child's presence, and mandated drug testing to ensure the child's safety. The preparation of a Family Report was deemed essential to gather comprehensive information for the court's final determination.

The court made interim orders for the child to live with the mother, with specific provisions for the father's time with the child, including telephone contact. The court also ordered the child's re-enrolment in school and granted leave to relist on 24 hours' notice if the child was not returned to the mother. Crucially, the court ordered the parties and the child to attend upon a Family Consultant for the preparation of a Family Report, with detailed instructions on the scope of the report and its subsequent dissemination. The matter was adjourned for mention pending the provision of this report.