BOYD & OWEN

In the matter of *Boyd & Owen*, heard by Judge Brown, the dispute concerned final arrangements for the care of a five-year-old child. The child resided with the mother in Adelaide, while the father lived interstate. The proceedings also involved an application for property settlement.

The court was required to determine several key issues. Firstly, regarding the child's welfare, the court had to consider the presumption of equal shared parental responsibility and whether it applied, given the parties' extreme communication difficulties and protective concerns. These concerns stemmed from the father's PTSD arising from active service, previous substance abuse issues, and instances of family violence. The court also had to assess the appropriateness of making final orders for supervised time, the logistical challenges posed by the distance between the parties, and ultimately, what orders would be in the child's best interests. Secondly, the court had to determine whether it was just and equitable to make any property order, given that the only asset was shares purchased by the father from a compensation claim related to injuries sustained during active service.

The court reasoned that the presumption of equal shared parental responsibility was displaced due to the father's mental health issues, substance abuse history, and family violence, which created significant protective concerns for the child. The court found that the father's time with the child should be supervised by the paternal grandparents, or other nominated individuals, to ensure the child's safety and well-being. The court also imposed specific conditions on the father's time with the child, including restrictions on driving the child, removing the child from school or the state without permission, and consuming alcohol or drugs. Furthermore, both parties were restrained from denigrating each other in the child's presence.

The court ordered that the mother have sole parental responsibility for the child, and that the child live with the mother. The father was granted supervised time with the child, with detailed provisions for the frequency, duration, and supervision arrangements, including specific conditions for handovers and the involvement of the paternal grandparents. The court also made orders regarding communication and the mother's obligation to keep the father informed about the child's schooling and health. The applications for property settlement were dismissed.