FAULKNER & DANNEL

In the Family Court of Australia, Cleary J considered a dispute between a father and mother concerning the living arrangements and parental responsibility for their two-year-old child. The father sought orders for the child to live with him and spend time with the mother on a graduating basis, while the mother proposed the child live with her and have limited supervised time with the father. The Independent Children’s Lawyer supported a reversal of residence. Both parents have mental health issues, with the mother diagnosed with Borderline Personality Disorder and the father with Post Traumatic Stress Disorder, though he is engaged in treatment. The Family Consultant described the parental relationship as "toxic and dysfunctional."

The court was required to determine the best interests of the child, considering the factors outlined in sections 60CC(2) and (3) of the *Family Law Act 1975* (Cth). Specifically, the court had to assess the impact of the parents' respective mental health issues on their capacity to meet the child's needs, the meaningful relationship the child has with each parent, and whether the father posed an unacceptable risk to the child. The court also had to consider the competing claims for parental responsibility, with the father seeking equal shared parental responsibility and the mother seeking sole parental responsibility.

Cleary J reasoned that while both parents' mental health issues could adversely affect their capacity to meet the child's needs, there was no evidence to support a finding that the father represented an unacceptable risk to the child. The court ordered that the child continue to live with the mother. The father was granted unsupervised time with the child on two occasions each week, with a plan for overnight time to commence on alternate weekends when the child attained the age of three years. Regarding parental responsibility, the court ordered that each parent have sole responsibility for day-to-day decision-making when the child is in their care, but equal shared responsibility for major health and education decisions.