Staley and Birch

In the matter of *Staley and Birch*, Gill J of the Family Court of Australia considered an application concerning the living arrangements and time spent with a child, X. The dispute arose between the child's parents, the Mother and the Father, regarding the terms of X's residence and contact.

The court was required to determine the interim living arrangements for X, including the specific schedule for X to spend time with the Father. Additionally, the court needed to establish the method and location for the handover of X between the parents, and to set a date and procedure for a Child Inclusive Conference involving X, the parents, and a Family Consultant. The court also had to address the filing and service of affidavits and other documents in preparation for an interim hearing.

Gill J reasoned that the existing orders needed to be discharged and replaced with new interim arrangements. The court ordered that X would live with the Mother, subject to further order. Specific provisions were made for X to spend time with the Father, commencing with limited weekend contact and then transitioning to more regular weekend contact. A particular service station was designated as the handover point for X, and the parties were directed to attend a Child Inclusive Conference on a specified date, with detailed instructions regarding their attendance and X's participation. The court also set deadlines for the filing of evidence by both parties and provided directions regarding the issuance of subpoenas.