CERWIN & CERWIN (No.3)

In *Cerwin & Cerwin (No.3)*, Judge Brown considered final arrangements for the care of a 13-year-old child, X. The proceedings arose from a high-conflict family situation where previous orders from 2013 stipulated that X live with the mother in City B and spend defined periods with the father in Adelaide. The father sought a change in living arrangements, alleging that accusations of abuse in his care were fabricated by the mother to alienate X from him. The mother, conversely, raised concerns about X's safety and well-being in the father's care.

The court was required to determine the best interests of the child, specifically addressing the risk of harm, the parents' insight into their conduct, the importance of maintaining a meaningful relationship with both parents, and the potential effects on X of any change in circumstances. The central legal issue was whether the existing living arrangements should be varied, and if so, what new arrangements would best serve X's welfare.

Judge Brown's reasoning focused on the paramountcy of X's best interests. The court considered the allegations of abuse and the father's alleged lack of insight into the impact of his behaviour on X. The court also weighed the importance of X maintaining a relationship with her father, while acknowledging the need to protect her from unacceptable risk. The court applied principles relating to parental responsibility, the need for clear communication and co-operation between parents, and the specific considerations outlined in the *Family Law Act 1975* regarding children's welfare.

The court made orders for equal shared parental responsibility, with X to live with the mother. Specific time arrangements were detailed for X to spend with the father, including provisions for school holidays and communication between parents. Injunctions were granted restraining both parents from abusing or denigrating the other in X's presence, discussing proceedings with X, physically disciplining X, or consuming alcohol or marijuana to excess when X is in their care. The court also ordered the appointment of a family consultant to assist the mother in complying with the orders regarding X's time with the father.