Badger and Aksakov

In *Badger & Aksakov* [2012] FamCA 1134, the Family Court of Australia considered parenting orders concerning the parties' child. The applicant father sought orders for time with the child, while the respondent mother sought sole parental responsibility and orders permitting her to travel overseas annually with the child. The court also addressed an application for costs.

The primary legal issues before the court were whether the child should spend any time with the father, whether the mother should have sole parental responsibility, and whether any surety should be in place to ensure the child's return to Australia if the mother travelled overseas. The court was required to consider the best interests of the child, as outlined in sections 60B and 60CC of the *Family Law Act 1975* (Cth), including the child's relationship with each parent, the likely effect of any change in circumstances, and the capacity of each parent. The court also considered the presumption of equal shared parental responsibility under section 61DA and the obligation to consider significant and substantial time with a non-residential parent under section 65DAA, even in the absence of an equal shared parental responsibility order.

Collier J found that the father had significant personal difficulties, including alleged drug use, gambling, financial disarray, and outstanding criminal charges, which rendered him unable to adequately care for the child at that time. The court noted the child's limited recognition of the father and her closer relationship with her maternal grandfather. Applying the best interests of the child as the paramount consideration, the court determined that the need to protect the child outweighed the benefit of the child having a relationship with the father. The court found that the presumption of equal shared parental responsibility was not appropriate due to the lack of communication between the parties and the potential for a volatile situation.

Consequently, the court ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that the father spend no face-to-face time with the child. The father was permitted to forward gifts, cards, and letters to the child via the mother. The mother was ordered to notify the father in writing at least 28 days prior to any intended overseas travel with the child. The father was ordered to pay the mother $10,000 for costs thrown away within 15 months. All other applications and cross-applications were dismissed.