FLEETWOOD & WALTERS

This matter concerned parenting orders sought by Fleetwood and Walters, heard before Howard J in the Family Court of Australia. The dispute revolved around the paramount consideration of the child's best interests in determining the appropriate parenting arrangements.

The court was required to determine how to apply section 60CA of the *Family Law Act 1975*, which mandates that the best interests of the child are the paramount consideration when making a parenting order. Specifically, the court needed to consider how the factors outlined in section 60CC, including the broad catch-all provision in section 60CC(3)(m) for any other relevant fact or circumstance, applied to the specific circumstances of the case.

Howard J noted that the mother had a long-standing issue with alcohol, with evidence dating back to 2004 when she was 15 years old. Subpoenaed material from the New South Wales Police Service detailed an incident on 1 October 2004 where the mother, then a minor, was found intoxicated and detained by police. The police notes described her behaviour as aggressive, abusive, and physically resistant towards officers, including spitting directly into the face of one officer. The court considered this history of excessive alcohol consumption and associated behaviour as a relevant fact and circumstance under section 60CC(3)(m) when assessing the child's best interests.