BARLEY & SANSOM

This case involved proceedings between a father and mother concerning their child, X, born in 2014. The dispute centred on determining the primary caregiver for X and the arrangements for X's time with each parent. The matter was heard by Judge Terry.

The court was required to consider the paramount welfare of the child, specifically the benefit of a meaningful relationship with both parents and the need to protect the child from physical or psychological harm, including exposure to family violence. The court also had to assess the maturity, sex, and background of the child, as well as the parents' attitudes towards the child and their parental responsibilities. A further consideration was whether the orders made would be the least likely to lead to further proceedings.

Judge Terry reasoned that while there were concerns regarding potential family violence in the father's household due to incidents involving his current partner, Ms. B, there was no evidence of current family violence between the parents themselves. The judge noted that the father had enrolled in an anger management program. Crucially, the court found that the father had consistently facilitated the child's time with the mother since proceedings began and did not speak negatively of her. In contrast, the mother had previously retained the child contrary to court orders and demonstrated a lack of cooperation with changeover arrangements. The judge expressed concern about the mother's capacity to promote a relationship between the child and the father and her potential non-compliance with future orders due to resentment.

The court ordered that the father have sole parental responsibility for the child and that the child live with the father. Specific arrangements were made for the child to spend time with the mother during school holidays, with provisions for telephone communication and prohibitions against denigrating the other parent in the child's presence. The orders also included requirements for notification of address changes and significant events concerning the child, and granted both parents liberty to attend school and obtain information regarding the child's health and education.