Deave & Pallin (No 3)

In the matter of Deave & Pallin (No 3), the Federal Circuit and Family Court of Australia was tasked with making final parenting orders concerning the child, X, born in 2013. The primary legal issues before the court involved determining the allocation of parental responsibility between the mother, Ms Deave, and the father, Mr Pallin, and establishing a live-with and spend-time arrangement that would be in the child's best interests, considering the ongoing conflict between the parents. The court also had to decide on specific communication and changeover arrangements, as well as measures to protect the child from exposure to the parents' conflict.

The court found that the previous arrangement of equal shared parental responsibility was not working and was no longer in the child's best interests due to the high level of conflict between the parents. The mother had testified that the child was experiencing pressure from being in two different households with differing parenting styles and routines, and that the child felt compelled to agree with the father when he made negative comments about her. The father's approach to the child's physical care and health needs was also a concern, as he had been inconsistent in following medical advice. Based on these findings, the court determined that sole parental responsibility should be vested in the mother, with specific requirements for communication with the father regarding major decisions. The court maintained an equal shared care arrangement for the child's living arrangements but introduced specific provisions for special occasions and holidays to reduce the impact of the parents' conflict on the child.

In its reasoning, the court emphasised the importance of protecting the child from exposure to the parents' conflict and ensuring that the child's routine and activities were as stable as possible. The court also noted the need for the parents to communicate effectively and limit discussions about the proceedings and disputes with the child. The final orders included detailed arrangements for the child's living, spending time, and communication with each parent, as well as provisions for changeover arrangements, interstate and overseas travel, and the use of a communication app. Injunctions were also imposed to protect the child from abuse and to prevent the parents from discussing the proceedings with the child.

The final orders discharged all prior parenting orders and vested sole parental responsibility in the mother for major or long-term issues concerning the child, with specific communication requirements to the father. The child was to live with each parent on a week-about basis, with detailed arrangements for special occasions and holidays. Communication between the child and each parent was to occur twice a week and at other times as reasonably requested. Changeover arrangements were specified, and the parties were required to communicate via a designated app except in emergencies. Injunctions were imposed to protect the child from abuse and to prevent discussions about the proceedings with the child. Interstate and overseas travel provisions were included, along with requirements for the parents to engage in therapeutic assistance and for the Independent Children's Lawyer to meet with the child to explain the final orders.