WEST & DAVIES

In *West & Davies*, the Federal Circuit Court of Australia considered interim parenting orders for a child, X, born in 2018. The proceedings involved competing proposals from the child's parents, both of whom posed serious risks of harm to X and demonstrated shortcomings in their capacity to meet the child's needs. The Department responsible for child welfare had twice declined to intervene.

The central legal issues before the court were whether it was in the child's best interests to have a meaningful relationship with the father, and what interim parenting orders should be made given the significant risks and vulnerabilities presented by each parent. The Independent Children's Lawyer (ICL) shifted her position during the proceedings, acknowledging the possibility that a court might ultimately find no benefit in the child maintaining a relationship with the father.

Hannam J gave significant weight to the Family Consultant's opinion that neither parent was a suitable carer due to the multitude of risks. The court reasoned that in the absence of an alternative proposal, the only appropriate interim order was for the child to live with the mother and for her to have interim sole parental responsibility. The court concluded that, at this interim stage, it was not in the child's best interests to make orders fostering a relationship with the father, considering the child's undeveloped relationship with him, the father's vulnerabilities and risks, and the practical difficulties and expense involved in contact.

Consequently, the court discharged previous interim orders and ordered that, pending further order, the mother have sole parental responsibility for the child and that the child live with the mother and spend no time with the father.