WALEYS & WALEYS

In *Waley's & Waley's*, heard by Judge Morley, the court was required to determine interim parenting orders concerning the child X. Consent orders were already in place, but a dispute arose regarding an asserted risk, necessitating a decision on whether X's time with his father should be supervised.

The central legal issues before the court were to assess the evidence presented to determine if there was an unacceptable risk to the child X if he had unsupervised contact with his father. This involved considering the potential for future harm, whether physical or emotional, and the connection between any alleged past conduct of the father and the safety of the child. The court also had to consider the appropriate interim arrangements for X's living arrangements, time spent with each parent, and communication, taking into account the best interests of the child.

Judge Morley applied the principle of "unacceptable risk" as the touchstone for the inquiry, drawing on established Family Court jurisprudence. The court acknowledged that at an interim hearing, with contested evidence, it may not be possible to make definitive findings of fact. Instead, the court considered whether the evidence, on the balance of probabilities, indicated a potential jeopardy to the child in the father's care. The court suspended the existing consent orders and made new interim orders. These included the mother having sole parental responsibility and X living with her. Time with the father was to be supervised, with specific arrangements for the cost of supervision depending on child support arrears. The father was also restrained from allowing a particular individual to be present during his time with X, and both parents were restrained from denigrating each other or discussing the proceedings in X's presence. Furthermore, the court made extensive orders regarding the appointment of an Independent Child's Lawyer, the preparation of a Single Court Expert's Report concerning the parents' mental health and X's welfare, and prohibitions on X leaving the Commonwealth of Australia.