ARTHUR & ICARUS

In the matter of Arthur & Icarus, Stevenson J of the Family Court of Australia considered orders concerning the child D. The dispute involved the parental responsibilities and living arrangements for the child, with the court ultimately making significant orders regarding shared parental responsibility and the child's residence with each parent.

The court was required to determine the most appropriate living arrangements for the child D, considering the best interests of the child as paramount. This involved assessing the capacity of each parent to provide for the child's needs, the likely effect of any changes in the child's circumstances, and the practicalities of maintaining a relationship with both parents. A key issue was the father's willingness and ability to foster a positive relationship between the child and her mother, particularly in light of concerns raised by Dr R regarding the father's anger towards the mother and his prompting of negative statements about her by the child.

Stevenson J applied the principles of the *Family Law Act 1975* (Cth), including section 60CC(3)(d) concerning the likely effect of changes in the child's circumstances and separation from parents. The court noted Dr R's evidence that a change of residence to the father would be a "major change," a "great shock," and involve significant loss and anxiety for the child. The court also considered section 60CC(3)(f) regarding the capacity of each parent to provide for the child's needs, acknowledging the father's inexperience in caring for a young child alone, despite his participation in the care of his older children. The court also considered section 60CC(3)(e) regarding practical difficulties and expense, finding no issues with distance or expense between the parents' residences.

The court ordered the discharge of all existing orders concerning the child D and established equal shared parental responsibility. The child was ordered to live with the mother at all times, except for specific periods when she would live with the father, detailed in the orders. Further provisions were made regarding changeovers, communication between parents, and specific conditions relating to the mother's son, M Arthur, and his presence with the child. The orders also included a requirement for the parties to use a communication book and incorporated details of obligations and consequences of contravention as set out in an attached Fact Sheet.