BERG & CARRILLO

In the matter of BERG & CARRILLO, Judge Brown of the Family Court of Australia considered a dispute between the parents of a three-year-old child concerning parental responsibility and living arrangements. The parties had separated when the child was an infant, and the proceedings were characterised by a high degree of parental conflict and poor communication. The father sought equal time with the child, and the court was tasked with determining arrangements that would serve the child's best interests, considering the nature of parental responsibility and the need for a meaningful relationship with both parents.

The court was required to determine the most appropriate form of parental responsibility and a schedule for the child's living arrangements. This involved assessing the practicalities of implementing a parallel parenting arrangement given the existing conflict, and establishing a framework that would foster a meaningful relationship between the child and each parent, all within the overarching consideration of the child's best interests.

Judge Brown ordered that the parties have equal shared parental responsibility for the child. The living arrangements were structured to gradually increase the time the child spends with the father, commencing with specific fortnightly periods and progressively expanding as the child ages. The orders also detailed arrangements for school holidays, festive days such as Christmas and Easter, and the child's birthday, as well as provisions for communication between the parents and the child, and the exchange of information regarding the child's welfare. Injunctions were also imposed restraining the parties from discussing court proceedings with or criticising the other parent in the child's presence.