Barber and Morrane

In *Barber and Morrane*, heard by Justice Cronin, the court was asked to determine parenting orders concerning the two children of the relationship, J and L. The dispute involved the allocation of parental responsibility and the arrangements for the children's living arrangements and time spent with each parent.

The central legal issues before the court were how to best promote the children's welfare and best interests, as mandated by section 60CA of the *Family Law Act 1975* (Cth). This required the court to consider the primary considerations of the benefit of a meaningful relationship with both parents and the need to protect the children from harm. Additionally, the court had to assess various additional considerations outlined in section 60CC, including the children's views, the nature of their relationships with each parent, each parent's ability to facilitate a relationship with the other parent, and the practicalities of spending time and communicating with the children. The court was also required to consider the extent to which each parent had fulfilled their parental responsibilities, particularly in relation to decision-making, spending time, and communication with the children.

Justice Cronin applied the principles established in *Goode and Goode*, emphasizing that the paramount consideration is the best interests of the child. The court's reasoning involved a detailed assessment of the factors under section 60CC, weighing the importance of a meaningful relationship with both parents against the need for protection and the practicalities of the parenting arrangements. The court ultimately made orders discharging previous parenting orders and establishing equal shared parental responsibility for major decisions, with specific exceptions for the mother regarding schooling and health. The children were ordered to live with the mother, and the father's time and communication with the children were to be by mutual written agreement. The appointment of the Independent Children's Lawyer was discharged.