SCOTT & SCOTT

This matter concerned interim orders regarding the time a child, K, born in September 1995, would spend with her father. The proceedings were before the Federal Magistrates Court of Australia. The mother had raised allegations of sexual abuse against the father, which were not confirmed. However, the court also had concerns regarding the mother's capacity to parent.

The court was required to determine the best interests of the child, K, in accordance with sections 60CA and 60CC of the *Family Law Act 1975* (Cth). This involved assessing the allegations of abuse, the mother's parenting capacity, and the father's role in K's life, to establish appropriate interim arrangements for K's time with each parent and to ensure K received necessary support.

The court's reasoning focused on the paramountcy of K's best interests. Despite the unconfirmed abuse allegations, the court found it necessary to increase supervised contact with the father, recognising the importance of K maintaining a relationship with him. The court also ordered K's enrolment in counselling and mentoring programs, and referral to a flexible learning options program, reflecting concerns about her well-being and educational engagement. The court detailed specific arrangements for supervised contact, including the involvement of a supervisor, Ms T, who was to remain present and attentive at all times, with the authority to terminate contact if she deemed it necessary.

The court made various orders, including that the proceedings be listed for directions to prepare for a less adversarial trial. It also excused the representative of the Minister for Families and Communities from further attendance. Crucially, the court ordered the mother to enrol K in a counselling and mentoring program and to ensure her attendance and completion, providing evidence thereof. The mother and father were also directed to arrange K's referral to the DECS Flexible Learning Options program, with the father designated as the principal contact parent for this program. The father was granted increased supervised time with K, with detailed provisions for the supervision by Ms T.