Duncan & Dylan

In the matter of *Duncan & Dylan*, Bell J considered an application by the Father for unsupervised time with the child of the marriage. The Mother had made serious allegations against the Father, including family violence, possession of child pornography, and sexual abuse of the child. The child was currently spending supervised time with the Father on one day in every two out of three weekends.

The court was required to determine the extent to which the child should spend time with the Father on an unsupervised basis, and how parental responsibility should be allocated between the parties, given the communication difficulties and the serious allegations raised.

Bell J ordered that the Mother have sole parental responsibility for major long-term issues concerning the child, while each party would have sole responsibility for the day-to-day care of the child when in their respective care. The child was ordered to live with the Mother. The court then set out a graduated schedule for the child to spend time with the Father, commencing with alternate weekends from 10 am to 3 pm for eight weeks, then increasing to 10 am to 5 pm for eight weeks, and subsequently to full alternate weekends from Saturday morning to Sunday afternoon. The schedule also included provisions for school holidays and Christmas Day, with specific collection and return arrangements detailed. The court also noted the provisions of sections 62B and 65DA(2) of the relevant Act regarding the obligations and consequences of contravening the orders.