VAN & CHONG

In the Federal Circuit Court of Australia, Judge McNab considered an interim application concerning the relocation of a child, X, born in 2017. The dispute involved allegations of family violence, interventions by the Department of Health and Human Services, and the need for supervised time. The parties were of limited means, impacting their ability to travel between locations, and reliance on social housing was a factor.

The court was required to determine the interim living arrangements for the child, the nature and extent of the child's time with each parent, and to address concerns regarding drug and alcohol use and denigration of a parent. The court also needed to make orders for the independent representation of the child and for a child-inclusive conference with a Family Consultant.

Judge McNab made orders for equal shared parental responsibility, with the child to reside with the mother in Suburb A. Specific, limited time with the father in Melbourne was scheduled, with changeovers to occur at a designated public location. The court also ordered both parents to undergo hair follicle drug testing and for the father to refrain from alcohol and illicit substance use during his time with the child. An injunction was granted restraining the father from denigrating the mother in the child's presence. Orders were made for the appointment of an Independent Children's Lawyer and for a child-inclusive conference, with an oral report to be provided to the court. The matter was adjourned for an interim defended hearing.