Tillson and Keller

In the matter of *Tillson and Keller*, Forrest J of the Federal Circuit Court of Australia considered competing parenting applications concerning the child X. The proceedings had previously concluded on 13 February 2020, but the court was asked to re-open the trial to admit further evidence.

The central legal issue before the court was whether to permit the re-opening of the trial to admit four specific affidavits, filed after the initial conclusion of proceedings, and to then re-commence the trial for further submissions and cross-examination.

Forrest J reasoned that the interests of the child, X, necessitated the admission of the new evidence. The court applied the principle that in parenting matters, the paramount consideration is the best interests of the child. The judge found that the affidavits contained relevant information that ought to be considered in determining the parenting arrangements. Consequently, the court ordered that the trial be re-opened and the specified affidavits admitted into evidence. The re-opened trial was scheduled to recommence on 8 October 2020, with provisions for cross-examination of the deponents.

Following the re-opened trial and upon undertakings given by the paternal grandparents, the court made interim orders regarding the child's time with the father, stipulating specific days and times for the child to spend with him each week until further order.