Darvall & Darvall

This case concerned an application for review of parenting orders made by the Senior Registrar concerning a 14-week-old child. The applicant birth mother asserted that the child had been adversely impacted by prior care arrangements and sought a variation of existing orders to include overnight time with the child. The parties, who were in a de facto relationship that ended when the biological mother was seven months pregnant, had a highly conflictual relationship. A single expert report from a child psychiatrist did not support the continuation of the existing arrangements.

The court was required to determine whether to discharge the previous parenting orders and, if so, what new orders should be made to address the developmental and attachment needs of the young child, as well as the importance of stability and continuity in the child's feeding and care routine. The court also considered the competing claims of the birth mother and the biological mother regarding parental responsibility and the child's living arrangements and time spent with each parent.

Williams J discharged all previous parenting orders. The court applied principles relating to the best interests of the child, with a particular focus on the needs of a very young infant, including developmental and attachment considerations. The court noted the importance of stability and continuity in the child's routine, especially regarding feeding. The reasoning led to the establishment of equal shared parental responsibility, with the child to live with the birth mother. The biological mother was granted specific periods of time with the child, with provisions for an initial eight-week period and subsequent arrangements upon her relocation. The court also made orders for family therapy, mediation, and the exchange of information regarding the child's routine, emphasizing the need for ongoing communication and cooperation between the mothers.

The court ordered that all previous parenting orders be discharged and made new orders for equal shared parental responsibility, with the child to live with the birth mother. The biological mother was granted specific time with the child, with detailed provisions for the initial eight-week period and subsequent arrangements contingent on her relocation. The orders also mandated family therapy and mediation, and required the mothers to exchange weekly information about the child's feeding and routine.