Balke and Balke and Anor

This matter concerned parenting orders for a child, [X], born in 2015. The proceedings were before Judge Terry. The court was required to determine the appropriate parenting arrangements for the child, considering the existing circumstances and the relevant legislative provisions.

The court was tasked with determining the primary considerations and additional considerations under section 60CC(3) of the relevant Act. Specifically, the court considered the views of the child (deemed too young to express a view), the child's maturity, sex, and background, practical difficulties and expenses, the extent to which each parent had fulfilled their obligations to maintain the child, and the extent to which each parent had taken opportunities to spend time with, make decisions about, or communicate with the child. Crucially, the court also examined the nature of the child's relationship with each parent and any other significant persons, including the maternal grandmother.

The court found that the maternal grandmother was the child's primary attachment figure, as the child had lived with her since December 2016 under a court order. However, the father also had a good and reliable relationship with the child, having spent time with her since December 2016 and building a strong bond. The court noted the father's gentle, appropriate, and encouraging interactions with the child, as observed by a family report writer. The court discharged all previous orders and made new orders granting the father sole parental responsibility. These orders included a phased approach to the child living with the father, commencing with specific periods of time and culminating in the child living with the father. The orders also detailed the child's time with the mother, supervised by the maternal grandmother, and the child's time with the maternal grandmother when living with the father. Further orders addressed communication between parties, drug testing for the father, and injunctions restraining denigration of other parties in the child's presence.