FERRER & KIER

This case concerned parenting orders for a 10-year-old child, N, involving the child's mother, Ms Ferrer, and father, Mr Kier. The mother sought sole parental responsibility, that the child live with her, and spend no time with the father. The father sought equal shared parental responsibility, with a staged implementation for the child to live with him. The Independent Children's Lawyer (ICL) sought sole parental responsibility for the mother, that the child live with her, and spend limited time with the father. The dispute was complicated by allegations of sexual assault by the father, the mother's significant health condition, concerns raised by the father about the mother's family and health, and a history of 38 risk of harm reports to the Department of Family and Community Services.

The court was required to determine the best interests of the child, considering the various proposals and the evidence presented. Key legal issues included the allocation of parental responsibility, the child's living arrangements, the extent of time the child should spend with each parent, and the appropriate measures to ensure the child's safety and well-being, particularly in light of the allegations and the parents' poor relationship. The court also had to consider the impact of the mother's health and the father's concerns regarding the mother's family and health.

In its reasoning, the court applied the principles of the *Family Law Act 1975* (Cth), particularly sections concerning the best interests of the child (ss 60B, 60CA, 60CC). The court found that equal time would not be in the child's best interests, noting the child's meaningful relationship with both parents but also the poor relationship between the parents, the child's display of sexualised behaviours and anxiety, and the mother's allegations. The court also considered the Family Consultant's recommendation that there be no change to the mother's sole parental responsibility. The court ultimately ordered that the mother have sole parental responsibility, that the child live with the mother, and that the child spend limited time with the father, commencing at two hours per alternate Saturday and increasing to eight hours when the child turns 12. The orders also included provisions for communication between parents regarding decisions, schooling, medical matters, and restraints on each party.