EBNER & SEAVER

This case involved a dispute between parents, Ms Ebner and Mr Seaver, concerning parenting orders for their ten-year-old son, X. The court was asked to determine whether X should spend overnight time with his father before a school day and who should hold X's passport.

The legal issues before the court were whether to discharge previous parenting orders, whether to make orders for equal shared parental responsibility, and the specific arrangements for X's time with each parent, including overnight stays before school days and the holding of X's passport. The court was required to consider the primary considerations under section 60CC(2) of the *Family Law Act 1975* (Cth), namely the benefit to the child of a meaningful relationship with both parents and the need to protect the child from harm.

The court found that X had a meaningful relationship with both his mother, who had been his primary carer, and his father, despite past concerns about the father's alcohol consumption. The court noted that the meaningfulness of a relationship is qualitative, focusing on the quality of time spent rather than the quantity. The court also considered the need for parents to provide a positive role model, acknowledging that both parents accused each other of behaviour that could fall within the definition of family violence.

The court discharged all previous parenting orders and made new orders establishing equal shared parental responsibility for long-term decisions, with the child to live with the mother. Specific arrangements were made for the child's time with the father, including overnight stays during school terms and holidays, and provisions for communication. The mother was ordered to retain the child's passport, with specific requirements for its renewal and for overseas travel. The court also issued injunctions restraining abusive conduct and discussions of disputes in the child's presence, and imposed restrictions on parental alcohol consumption. The father was also ordered to engage in counselling and complete specific programs.