SAFFERY & SALBER

In SAFFERY & SALBER, heard by Judge Harman, the dispute concerned urgent interim care arrangements for a young child, X, born in 2014. The hearing was conducted by telephone due to the COVID-19 pandemic. The father had raised allegations of risk to the child in the mother's care, noting that he presented the child to a medical professional on each occasion the child was in his care.

The court was required to determine the best interests of the child in light of these allegations and the prevailing circumstances, considering the factors outlined in section 60CC of the Family Law Act 1975 (Cth). This involved balancing the need for immediate protection with the child's right to maintain a relationship with both parents.

The court reasoned that suspending prior parenting orders was necessary to implement new interim arrangements. It applied the paramount consideration of the child's best interests, which led to orders for X to live with his mother and for the mother to have sole parental responsibility for major decisions. The court also made specific provisions for communication between X and his father via video call and for supervised time with the father, acknowledging the need for professional supervision and the potential availability of services like Connecting Families.

The court ordered the suspension of all prior parenting orders and that, pending further order, X shall live with his mother, Ms Saffery, who would have sole parental responsibility for major issue decisions. X was to communicate with his father via video call at least three times per week, and spend time with his father on a supervised basis as agreed or directed by the Independent Children’s Lawyer. X was to be delivered to the mother at a specified location the following day, and the matter was adjourned for further mention and directions.