BANGI & BEZRUKOVA

This matter concerned a dispute between the parents of a child, aged almost 13, regarding the proportion of time the child would spend with each parent during school terms. The case had been remitted by the Full Court for consideration of this discrete issue. The court was also required to determine which school the child would attend, as the parents, despite having equal shared parental responsibility, were unable to agree on this matter.

The court was required to determine the best interests of the child in relation to his living arrangements and schooling. Specifically, the court had to consider the impact of proposed changes to the child's time with each parent, taking into account evidence of police attendance at the mother's residence due to reported violence and conflict between the mother and her partner. The court also had to consider the child's transition to high school and the differing school proposals from each parent.

In reaching its decision, the court considered the expert evidence of Dr QQ, a psychologist. Dr QQ's evidence indicated that while the child had adapted to his current living arrangements and did not express a desire for radical change, recent incidents involving police at the mother's residence warranted a softening of previous recommendations. The court accepted that a living arrangement where the child spent more time with the father and less time with the mother would reduce the child's risk of exposure to violence, conflict, and alcohol use. The court also considered the child's transition to high school and the potential disruption of changing living arrangements at this time. The court was able to rely on unchallenged findings from earlier proceedings, pursuant to section 69ZX of the *Family Law Act 1975* (Cth).

The court ordered that the child live with the father and spend substantial and significant time with the mother. The court also made an order specifying which school the child would attend.