Bolger & Pecoras

In the Federal Circuit Court of Australia, O'Shannessy J presided over proceedings between Mr Bolger (the Applicant) and Ms Pecoras (the Respondent), concerning parenting orders for their child, X. The dispute involved the discharge of previous final and interim orders and the establishment of new arrangements for X's care and time with each parent.

The court was required to determine the best interests of the child, X, in accordance with the provisions of the *Family Law Act 1975* (Cth), particularly sections 60CA and Divisions 6 of Part VII. This involved considering a recent family report, the parties' affidavits, and the specific behaviours and concerns raised regarding the parents' interactions and parenting styles. Key issues included the mother's parenting approach, the impact of parental conflict on the child, and the need for ongoing psychological support for both parents and X.

O'Shannessy J applied the principles outlined in *Goode & Goode* [2006] FLC ¶93-286, taking into account all relevant sections of the *Family Law Act 1975* (Cth). The court gave significant weight to the family report, noting concerns about the mother's behaviour when upset, described as "scary," "controlling," and "explosive," and the child's perception of her as a "ticking time bomb." The court also considered the observations of the older daughter, Ms G, regarding the mother's verbal abuse and the dynamic between the parents. While not critical of the mother's focus on education, the court was concerned about X being exposed to family violence within the mother's home. The court also noted the importance of siblings spending more time together.

The court ordered the discharge of previous final and interim orders and established new arrangements. These included equal shared parental responsibility, with X to live with the mother and spend time with the father on an alternating weekly basis during school terms, with specific arrangements for school holidays and special occasions. The orders also mandated psychological interventions for both parents and X, and prohibited denigration of either parent in the presence of the children. An Independent Children's Lawyer was appointed for X. The proceedings were adjourned for a final hearing.