SMITH & DUKE

In the matter of *Smith & Duke*, Berman J of the Family Court of Australia considered an application by the mother for the suspension of time between the father and the child, B Duke, following an incident where the father forcibly removed the child from school during a handover. The mother sought these orders due to a distressing and volatile handover, citing a long history of unsuccessful handover attempts.

The court was required to determine whether the best interests of the child warranted the suspension of the existing parenting orders. This involved weighing the need to protect the child from the distressing circumstances of handovers against the benefit of the child maintaining a meaningful relationship with the father.

Berman J reasoned that while the child's protection was paramount, the court must also consider the importance of the child’s relationship with both parents. Given the history of volatile handovers and the father's conduct, the court found it necessary to implement interim measures to ensure the child's safety and well-being. The court ordered the suspension of certain existing parenting orders and made specific, limited arrangements for the child to spend time with the father on Christmas Eve 2014 and a subsequent date in January 2015, to occur at a restaurant venue designated by the father. Furthermore, the court directed the parties and the child to attend upon a family consultant for the preparation of a Family Report, with the matter to be listed for a First Day Hearing thereafter.