BAILEY & TIME

In the matter of *Bailey & Time*, Benjamin J of the Family Court of Australia considered allegations of physical and sexual abuse, violence, and alcohol abuse made by the mother against the father, as well as issues concerning the child's living arrangements and relocation. The court was required to determine the best interests of the child, S, born in January 2005, in light of these serious allegations and the presumption of equal shared parental responsibility.

The central legal issues before the court were whether the presumption of equal shared parental responsibility should apply, and if so, what parenting orders would best serve the child's welfare and development. This involved assessing the credibility of the parties, the risk of harm to the child, and the practicalities of any proposed parenting arrangements, including the child's residence, time spent with each parent, and communication. The court also had to consider the implications of relocation and the need to prevent the child's removal from Australia.

Benjamin J discharged all previous parenting orders and ordered that the child live primarily with the father in Hobart, while maintaining equal shared parental responsibility. The court detailed specific arrangements for the child's communication with the mother, including regular video and telephone calls, and outlined a shared parenting schedule involving time in Sydney and Hobart during school terms and holidays. The orders also included provisions for the parents to consult on significant decisions regarding the child's care, welfare, and development, and to maintain open communication channels. Furthermore, the child was placed on the Airport Watch List until January 2015 to prevent international removal.