Wadhams & Wadhams

This matter concerned an application by Mr Wadhams (the Applicant/Husband) and Ms Wadhams (the Respondent/Wife) before Beckhouse J in the Federal Circuit Court of Australia. The dispute involved interim parenting orders and spousal maintenance, with a particular focus on the welfare and best interests of the child, X, born in 2010. The parties had previously separated under the one roof in August 2020, with the wife physically leaving the family home with X in March 2021.

The court was required to determine several legal issues, including the appropriate interim parenting arrangements for X, specifically addressing concerns about her well-being and relationship with each parent. Additionally, the court considered the provision of interim spousal maintenance and the release of *Harman* undertakings to allow for the use of court material in separate criminal and apprehended domestic violence order proceedings in the Local Court of New South Wales. The court also needed to address the parties' compliance with parenting programs and the preparation of a Family Report.

In reaching its decision, Beckhouse J applied the principles of the *Family Law Act 1975* (Cth), particularly section 60CA regarding the best interests of the child, and sections 60B and 60CC outlining the objects, principles, and considerations for parenting orders. The court noted the importance of protecting X from harm, which was to be given priority over the benefit of a meaningful relationship with each parent. The court was significantly assisted by a Child Inclusive Conference Memorandum, which detailed interviews with the parties and X. The memorandum highlighted X's distress regarding her father's behaviour, including confiscating her mobile phone and speaking negatively about her mother. X expressed a clear preference not to spend additional time with her father, finding the overnight arrangements uncomfortable and feeling caught in parental conflict.

By consent and pending further order, the court made several orders. These included listing the matter for mention, maintaining existing orders, permitting X to contact each parent electronically according to her wishes, and ordering the husband to pay a lump sum of $2,500 by way of interim spousal maintenance. Both parents were ordered to enrol in and attend parenting courses, and to refrain from denigrating each other in X's presence. The court also ordered that a Family Report be prepared by a Family Consultant, detailing specific matters relevant to X's welfare and best interests, and granted the respondent leave to use material filed in these proceedings in separate Local Court matters. The court noted that the wife's compliance with the parenting course order was subject to her having access to a computer.