ALLARD & ALLARD

This matter concerned parenting orders for a child named X, born in 2006. The dispute involved allegations of family violence, specifically the fraudulent manufacture of a document by the father, which the mother alleged. The court was required to determine the parenting arrangements for X, considering the paramount consideration of the child's best interests.

The legal issues before the court included whether the mother had proven her allegation of fraudulent document manufacture against the father to the requisite standard, and how to determine the parenting arrangements for X in light of the evidence and the statutory considerations. The court was also required to consider the views of the child and the intractable conflict between the parents.

The court found that the mother had not proven her allegation of fraudulent document manufacture against the father to the required standard, referencing the principles in *Briginshaw v Briginshaw* and *Qantas Airways Ltd v Gama*. The court noted that the mother's assertion was unsupported by further evidence. The court then turned to the paramount consideration of the child's best interests, as mandated by section 60CA of the *Family Law Act 1975* (Cth). Applying section 60CC, the court determined that the child's views, given her age, outweighed other considerations. The court also noted the ongoing conflict between the parents and their inability to communicate productively.

The court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for long-term decisions concerning X, and X was ordered to live with the mother. Specific provisions were made for X to spend time and communicate with her father at times she expressed a wish to do so, with the mother to facilitate this. Further orders detailed specific supervised visits, communication protocols between the parents, and requirements for respectful communication regarding the other parent in X's presence. The court also authorised both parents to obtain information about X from schools and healthcare providers and mandated email communication for specific information sharing. The Independent Children's Lawyer was discharged.