Whitehall and Warren

In the matter of *Whitehall and Warren*, heard before Cleary J, the dispute concerned an application by the father for orders regarding the time spent with his child. The father sought orders for the child to spend time with him on alternate weekends, for two weeks during the school holidays, and for a period of three days over the Christmas period. Legal Aid NSW represented the mother in these proceedings.

The central legal issue before the court was whether the proposed time spent with the father would be in the best interests of the child, as mandated by the *Family Law Act 1975* (Cth). This required the court to consider the relevant factors outlined in section 60CC of the Act, including the child's right to have a meaningful relationship with both parents, the need to protect the child from harm, and the child's views.

Cleary J determined that the father's proposed arrangements were not in the child's best interests. The court found that the father had not demonstrated a capacity to provide a stable and safe environment for the child, nor had he shown an understanding of the child's specific needs. The judge placed significant weight on the evidence presented regarding the father's past behaviour and its potential impact on the child's welfare. Consequently, the court declined to make the orders sought by the father.

The court ordered that the father pay to Legal Aid NSW a contribution to costs in the sum of $1,677.00, with a period of 12 months allowed for payment.