ALTHORPE & ALTHORPE

This case concerned parenting arrangements for a child, X, born in 2016. The dispute was before Judge Terry. The orders made by the court addressed issues of parental responsibility, the child's living arrangements, school attendance, time spent with each parent during school terms and holidays, communication between parents, and specific arrangements for birthdays and Christmas. The court also made orders regarding the collection of the child at changeovers, communication of contact details, medical care, school involvement, and travel. Additionally, injunctions were granted restraining parents from making video recordings of changeovers and denigrating the other parent in the child's presence.

The primary legal issues before the court were to determine the best interests of the child, X, in relation to his living arrangements, time spent with each parent, and decision-making responsibilities. This involved considering various factors outlined in the *Family Law Act*, including the child's maturity, sex, and background, any family violence, the nature of the child's relationship with each parent and other significant persons, the extent to which each parent had taken opportunities to spend time with and communicate with the child, the financial contributions to the child's care, the likely effect of any change in the child's circumstances, the practical difficulties and expense of spending time with each parent, and the capacity of each parent to provide for the child's needs.

The court's reasoning focused on the additional considerations in section 60CC(3) of the *Family Law Act*. It noted that the child was too young to express a view. The court found that X had close and warm relationships with both parents and his extended family, with the father being identified as X's primary attachment figure due to his history of care. Both parents were keen to be involved in X's life, leading to a power struggle. The court considered the mother's proposal for X to live primarily with her, deeming it a significant change that would impact X's time with his sister, and questioned the benefit of such a change. The court found no practical difficulty or expense in the child spending time with each parent, as they lived a reasonable distance apart. Both parents were deemed capable of meeting X's needs, with the father raising concerns about the mother's work hours, which the mother addressed by stating her flexibility. The court found it difficult to make definitive findings regarding the allegations of family violence made by both parties against each other, describing the evidence as a "morass of allegations."

The court ordered equal shared parental responsibility for X. The child was to live with the father. Specific arrangements were detailed for X's time with his mother during school terms, including a fortnightly schedule. Holiday arrangements were set out, with provisions for alternating between parents and specific rules for Christmas and other significant dates. The court also made orders regarding communication, medical care, school involvement, and international travel, including injunctions against recording changeovers and denigrating the other parent.