Strahan and Strahan (No 6)

In *Strahan and Strahan (No 6)*, Strickland J of the Family Court of Australia considered an application by the husband seeking orders for him to spend time with the parties' child, S, who has autism spectrum disorder. The wife conceded that S should spend time with the husband, but expressed concerns about the proposed arrangements negatively impacting S, his schooling, and his relationship with her. The husband sought to spend time with S at his school, as recommended by a single expert, without prior notice to S or the wife. Previous arrangements for S to spend time with the husband had been unsuccessful.

The primary legal issue before the court was whether it was in S's best interests to make interim orders for the husband to spend time with S at his school, subject to certain limitations, and without prior notification to S or the wife. A secondary issue concerned the wife's application for an order that the parties attend mediation.

Strickland J reasoned that, in light of the child's best interests and the Independent Children's Lawyer's support for the husband's application, it was appropriate to make orders for the husband to spend time with S at his school. The court applied the paramountcy principle that the best interests of the child are the primary consideration in parenting proceedings. The court also considered the specific needs of S, including his autism spectrum disorder, and the expert's recommendation. The court declined to make an order for mediation.

The court ordered that, until further order, the husband could attend S's school on no more than two occasions each week, provided he did not remove S from the school grounds and the time spent with S was agreed between the husband and the principal. Neither the wife nor S were to be advised of the husband's proposed attendance. The husband's and wife's applications were dismissed, and the issue of ongoing time was adjourned. The court also attached a Fact Sheet detailing the obligations and consequences of contravening the orders.