TABANO & YABON

The matter of *Tabano & Yabon* concerned competing applications for final orders relating to a child, X, born in 2006. The mother had also sought a recovery order in respect of X. The proceedings were heard by Forrest J.

The primary legal issue before the Court was the determination of final orders concerning the child, X. This involved considering all evidence adduced, including that from previous applications heard on 31 July 2020, which the parties and the Independent Children’s Lawyer consented to be admitted for the purpose of determining the final orders. The mother's application for a recovery order was also a key issue.

Forrest J dismissed the mother's application for a recovery order. The Court re-opened the trial for the limited purpose of admitting all evidence from the 31 July 2020 applications into the determination of the final orders, with the consent of the parties and the Independent Children’s Lawyer. The mother was granted liberty to contact X via a specified mobile telephone number, which was the number of the father's sister-in-law with whom X was residing. This contact was to facilitate conversations between X and her siblings, Y and Z, with the mother at liberty to listen and terminate such conversations if deemed necessary for the children's best interests. All other interim applications made by both the mother and the father were dismissed.