Westwood and Maple

In the matter of Westwood and Maple, Cronin J considered an application concerning the welfare of a child born in October 2001. The proceedings involved a dispute between the parents regarding the child's living arrangements and contact with both parents.

The court was required to determine the primary residence of the child and the terms of the father's time with the child. Additionally, the court needed to address the need for psychological assessment and the appropriate forum for the proceedings.

Cronin J ordered that all proceedings be transferred to the Federal Magistrates Court of Australia. The court made interim orders for the child to live with the mother and detailed specific arrangements for the father's time with the child, including weekend and mid-week contact, and holiday periods. The parties were also ordered to attend a psychologist for a family report, to be jointly funded, with a request for Legal Aid to assist the mother. The court also included a Fact Sheet detailing the obligations and consequences of contravening the orders, as permitted by ss 65DA(2) and 62B of the relevant legislation. The matter was not to be listed in the Federal Magistrates Court until after 9 April 2009, to allow for the family report to be prepared and considered.