SETCHELL & BATTEN (No.4)

This matter concerned arrangements for the care of a four-year-old child, X, who had been living with the mother. The parties had engaged in ongoing litigation regarding the father's level of engagement with the child. The mother alleged the father was violent and controlling, while the father asserted the mother was deliberately preventing a proper relationship between him and the child. Judge Brown presided over a limited issues hearing, which took place electronically.

The court was required to determine the best interests of the child, considering the evidence presented, including expert reports and evidence regarding supervised handover arrangements. Key issues included assessing protective concerns, the potential effects of any change in care arrangements, the father's insight into parental responsibility, and his capacity to provide for the child's emotional needs, all within the context of fostering a meaningful relationship between the child and both parents.

Judge Brown reasoned that, despite the mother's unrepresented status and her assertions of the father's behaviour, the evidence, including expert assessments, suggested a provisional change in care arrangements was in the child's best interests. The court considered the need for the child to have a meaningful relationship with the father and the potential risks involved. The court ordered that the father's application be adjourned for further consideration, with the child to spend a period of continuous time with the father during the adjournment. The mother was ordered to deliver the child to the father under supervision, with provisions for a recovery order should she fail to comply. The mother was also directed to undertake therapy to address her obligations and recognise the benefit of the child having a meaningful relationship with the father, with the costs to be borne by her. The Independent Children's Lawyer was to provide relevant documents to the supervising psychologist. The court also ordered an updated family report to be prepared and released by the adjourned date.