Thura & Kan

In the matter of PAC 4747 of 2020, Ms Thura (the applicant) and Mr Kan (the respondent) presented a dispute concerning interim parenting arrangements for their child, X. The proceedings were heard by Judge Obradovic.

The court was required to determine interim parenting orders, specifically addressing the child's living arrangements, the father's time with the child, and the appointment of an Independent Children's Lawyer. The court also considered serious allegations of family violence, the child's mental health, and the father's wishes regarding contact.

The court ordered that the child, X, would live with the mother. An Independent Children's Lawyer was appointed for the child, with the Legal Aid Commission of NSW requested to provide representation. Both parties were directed to provide all filed documents and relevant reports to the Independent Children's Lawyer within 48 hours of their appointment. The parties were also ordered to arrange for a private family report by Dr B of C Families, with the costs to be shared equally. Pending further orders, the child was to spend time with the father in accordance with his wishes. The father was permitted to send cards, letters, and gifts to the child via a Post Office Box, to be opened by the mother. Crucially, the father was restrained by injunction from attending any place where the child or mother reside, work, or attend for educational purposes, and from coming within 100 metres of such locations. He was also enjoined from contacting the child or mother, except as permitted by the orders or through a lawyer. The matter was adjourned to be relisted after the release of the Family Report.