Festa and Comer

This case concerned parenting orders made by Berman J in the Family Court of Australia. The dispute involved the father and mother of a child, B, born in 2010, regarding the arrangements for B's upbringing and contact with both parents.

The court was required to determine the primary caregiver for the child, the nature and extent of contact the mother would have with the child, and the therapeutic interventions necessary to facilitate a healthy parent-child relationship. Key issues included the mother's engagement with mental health treatment, the supervision of contact, and the gradual reintroduction of unsupervised time between the mother and child.

Berman J ordered that the father have sole parental responsibility and that the child live with him. The mother was granted limited liberty to send cards and gifts, and to receive school information. Crucially, the mother was ordered to undertake dialectical behavioural therapy, with subsequent joint therapy for both parents and the child contingent on a positive report from her therapist. The court outlined a phased approach to contact, commencing with supervised sessions, progressing to unsupervised time, and detailing arrangements for holidays and special occasions, all while imposing mutual restraining orders against abusive behaviour.