BUNT & CHARRING (No.3)

This case concerned a dispute between the Father, Mr Bunt, and the Mother, Ms Charring, regarding the parenting arrangements for their child, X. The Father sought a change in the child's residence, citing a long history of conflicted parenting and protracted litigation. A significant factor in the dispute was the considerable geographical distance between the parents' residences.

The court was required to determine whether there was a real risk of deterioration of the child's relationship with the Father if X remained living with the Mother. This involved assessing the impact of the Mother's disposition towards the Father and her efforts, or lack thereof, in promoting the child's relationship with him, particularly in light of multiple warnings from family consultants and the Court over an extended period. The court also had to consider the significant risk to the child remaining in the Mother's primary care.

In reaching its decision, the court relied heavily on the findings of a 2016 Family Report, which highlighted the Mother's inability to cooperate with the Father and her portrayal of him as a dangerous figure. The court found that the Mother's persistent negative perception of the Father impeded X's development into a well-balanced child and prevented her from separating her own feelings from X's needs. The court weighed the geographical distance, X's relationship with his sibling, his history of living with the Mother, and his time with the Father against the Mother's ongoing failure to facilitate, and at times, her active efforts to impede, X's time with his Father. Ultimately, the court concluded it had no confidence in the Mother promoting and facilitating X's time and relationship with his Father.

Consequently, the court ordered that all previous parenting orders be discharged. From Boxing Day 2019 onwards, the Father was granted sole parental responsibility for X, with specific provisions for the Mother to consult and be informed on major long-term issues. The child was ordered to live with the Father, with defined periods of time to be spent with the Mother, including one weekend per month and half of each school holiday period, with detailed arrangements for communication and changeovers.