CAMPBELL & MORGAN

The parties involved were the mother and father of a child, who had competing applications for residence. The dispute concerned the amount of time the child would spend with the father, with the child having lived with the mother since the parents' separation. The proceedings were initially commenced in the Federal Circuit Court of Australia but were transferred due to the child's mental health and behaviour.

The court was required to determine the parenting arrangements for the child, specifically addressing issues of residence, parental responsibility, and the time the child would spend with each parent. Key legal issues included the application of the presumption of equal shared parental responsibility, the risk of the mother excluding the father from decision-making if granted sole parental responsibility, and how to balance the child's need for significant and substantial time with the father against the child's anxiety stemming from parental hostility and separation from his primary caregiver.

Cleary J applied the principles of the *Family Law Act 1975* (Cth), including the presumption of equal shared parental responsibility. The court found that both parents were committed to the child's safety and wellbeing and had the capacity to meet his needs. To mitigate the risk of the mother exercising sole parental responsibility to exclude the father, the court ordered equal shared parental responsibility for long-term decisions, while granting each parent sole responsibility for day-to-day decisions concerning the child when in their care. The court also imposed specific restraints on decisions regarding the child's schooling and medical or therapeutic treatment, requiring the written consent of the other parent.

The court ordered that the child live with the mother, while also making detailed provisions for the child to spend significant and substantial time with the father. These orders included specific arrangements for weekends, school holidays, and special occasions, aiming to foster a strong relationship with the father while easing the child's anxiety. The court also made orders regarding communication between parents and the child, notification of incidents, and a prohibition on denigrating the other parent. An Independent Children's Lawyer was appointed to explain the orders to the child.