Brainard and Wahlen & Anor

The case of *Brainard and Wahlen & Anor* concerned parenting orders for a child born in August 2010. The dispute involved allegations of child abuse and family violence by both parents, which led to apprehended violence orders being issued against each party in favour of the other and the child. Despite these orders, the court was tasked with determining the best interests of the child, considering the parties' past conduct and their current willingness to facilitate a relationship with the other parent.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility applied, given the history of family violence, and how to best promote the child's welfare and development. The court also had to consider the child's relationship with each parent, the mother's relocation away from the father's residence, and the potential for inconsistent orders with existing apprehended violence orders. A further consideration was the parties' history of illicit drug use and the father's alcohol use.

Austin J found that the presumption of equal shared parental responsibility did not apply due to the past occurrence of family violence. However, the court ultimately ordered equal shared parental responsibility, deeming it to be in the child's best interests, given the child's meaningful relationship with both parents and each parent's willingness to foster the child's relationship with the other. The court made specific orders regarding the child living with the mother and spending substantial and significant time with the father, contingent on the mother relocating closer to the father's residence. The orders also included restraints on alcohol consumption during periods with the child, the infliction of corporal punishment, and denigration of the other parent. Crucially, the court made parenting orders that were inconsistent with the apprehended violence orders, providing that the parenting orders would prevail to the extent of any inconsistency, and directed that copies of these orders be sent to relevant authorities.