SALAWAY & CLAVELL

In the Family Court of Australia, Judge Bruce Smith presided over a dispute between Mr Salaway (the Father) and Ms Clavell (the Mother) concerning parenting arrangements for their child, [X], born in 2015. The proceedings involved an application to transition the child from supervised to unsupervised time with the Father, supported by an expert report.

The court was required to determine whether unsupervised time with the Father was in the child's best interests, considering the Father's mental health and compliance with previous orders. Specifically, the court needed to assess the impact of the expert report and the Father's ongoing treatment plan on the proposed parenting schedule.

The court's reasoning was informed by an expert report and the Father's consent to ongoing mental health monitoring. Judge Bruce Smith ordered that the child live with the Mother and discharged previous orders regarding the Father's time, with the exception of a specific order relating to chain of custody urinalysis testing, which was to continue or be reinstated if previously lapsed. The court then made detailed orders for unsupervised time between the Father and the child, commencing on 24 November 2018 and progressing to more extended periods. Further orders addressed electronic communication, changeover arrangements, prohibitions on alcohol and illicit substance consumption, attendance at a parenting program, and the Father's mental health treatment and monitoring, including authorising his general practitioner to communicate with the Independent Children's Lawyer. Both parties were also restrained from speaking negatively about each other in the child's presence or discussing proceedings.

On the Mother's application, the court granted a stay of these orders until the time for filing an appeal expired, and if an appeal was filed, the stay would continue until any further orders of the Family Court. The matter was listed for directions on 18 March 2019.