Samaras & Allen

This matter concerned an application by the mother, Ms Allen, for a review of a Senior Registrar’s decision regarding interim parenting orders. The father, Mr Samaras, sought to increase his time with the child, X, while the mother opposed this increase. The father has an extensive criminal history, though his time with the child had not previously been supervised.

The court was required to determine the appropriate interim parenting arrangements, specifically whether to increase the time the child spent with the father, and to assess the risk posed by the father's criminal history to the child. The court also considered its obligations under the *Family Law Act 1975* (Cth) regarding a child’s right to a meaningful relationship with both parents and the consideration of equal or significant and substantial time.

Henderson J reasoned that while the mother’s resistance to increased time was understandable given the father’s concerning criminal history, a child’s relationship with a parent is optimised through frequent and settled time, and this should increase as the child matures. The court noted that children have a right to have both parents involved in their lives and to a meaningful relationship with each. The primary consideration remained the child’s safety, and the court found that the father’s historical criminal conduct, including offences related to dangerous driving and serious drug and weapon possession, presented a risk. However, the court also noted the father’s recent negative drug test results.

The court ordered that the child continue to live with the mother. Pending further order, the child was to spend time with the father, commencing with alternate weekends and a mid-week visit, gradually increasing to alternate weekends and mid-week overnights from the start of Term 1 2022, and significant and substantial time during school holidays, with specific arrangements detailed for various holiday periods.