BEHN & ZIOMEK

In BEHN & ZIOMEK, heard by McClelland J, the father sought to vary previous parenting orders concerning their child, L. The dispute involved allegations of family violence by the mother against the father and claims that the mother was alienating the child from the father. The father's application included requests to increase his time with the child, extend block periods of time over the 2017/2018 Christmas school holidays, and change the location of changeovers from a police station to a restaurant.

The court was required to determine whether the presumption of equal shared parental responsibility was appropriate in the circumstances, considering the allegations of family violence and alienation. It also needed to decide on the appropriate arrangements for the father's time with the child, particularly during the upcoming Christmas school holidays and thereafter, as well as the location for the handover of the child.

McClelland J found that the presumption of equal shared parental responsibility was not appropriate given the circumstances. The court reasoned that the police station should continue to be the location for changeovers, deeming it inappropriate to change this arrangement. Furthermore, the court determined that the father's block time with the child over the 2017/2018 Christmas school holidays should be limited to periods of no more than five nights.

The court made orders reflecting these findings. From the commencement of school in 2018, the child's time with the father was ordered to be from 5.00pm on Friday to 5.00pm on Sunday in week one and alternate weeks, and from 5.00pm on Friday to 5.00pm on Saturday in week two and alternate weeks. The matter was listed for a final hearing.