BROWN & ORTEGA

In the matter of *Brown & Ortega*, heard before Judge Scarlett, the dispute concerned parenting orders for a child, X, aged nine years and eleven months. The parties, the Applicant Father and the Respondent Mother, had three other children. The proceedings involved determining the appropriate parental responsibility and living arrangements for child X.

The court was required to determine the best interests of child X in relation to parental responsibility, specifically whether to make orders for equal shared parental responsibility or sole parental responsibility. The court also had to consider the child's time with each parent and the communication and information sharing arrangements between the parents. The court noted that there was no need to consider the specific matters outlined in section 65DAA of the *Family Law Act 1975* (Cth).

The court ordered that all earlier parenting orders be discharged and that the Applicant Father have sole parental responsibility for child X. The Father was ordered to notify the Mother in writing of any proposed decisions regarding the child's long-term care, welfare, and development at least one month prior to making a final decision, and to consider the Mother's views. The child was ordered to live with the Father, with specific provisions for the child's time with the Mother, including during school terms, holidays, and on Mother's Day, with a suspension of time on Father's Day. Detailed arrangements were also made for communication between the child and each parent, including telephone and electronic communication, and for the parents to attend a program with Unifam to address co-parenting and communication issues. The court also made orders regarding the sharing of medical and educational information, and injunctions restraining the parents from discussing the proceedings with or in the presence of the child, or speaking negatively about the other parent.

Finally, the court ordered that both the Applicant Father and the Respondent Mother each pay a contribution of $8,626.55 to Legal Aid New South Wales for the costs of the Independent Children’s Lawyer within two months. Provisions were also made for either party to seek further costs orders against the other, with specific timeframes for filing applications and responses.