FONTENAY & MCCLURE

In the matter of *Fontenay & McClure*, Judge Curtain of the Federal Circuit Court of Australia considered parenting orders concerning a child born in 2013. The dispute arose following final orders made in 2016 regarding the child's residence. The mother had developed a new relationship and was perceived by the court as being more focused on that relationship than on the child, exhibiting a lack of insight into the child's needs. Conversely, the father was considered the better option to maintain and develop the child's relationship with both parents, particularly given concerns that the mother's new partner was hostile towards the father and might undermine the father-son relationship.

The court was required to determine the most appropriate parenting arrangements for the child, specifically addressing issues of residence, parental responsibility, and the practicalities of the child's time with each parent. Key considerations included the mother's capacity to foster the child's relationship with both parents, the potential impact of the mother's new relationship and partner on the child's well-being, and the father's ability to support the child's development and ongoing relationships. The court also had to consider the child's need for stability and support during any transition.

Judge Curtain's reasoning focused on the best interests of the child. The court found that the father was better positioned to facilitate the child's relationship with both parents, a crucial factor in determining residence. The mother's perceived lack of focus on the child and potential undermining by her new partner weighed against her in the assessment of the child's best interests. The court applied principles of the *Family Law Act 1975* concerning parental responsibility and the child's right to spend time with both parents.

By consent, the court discharged all previous parenting orders and ordered that the parents have equal shared parental responsibility. Crucially, the child was ordered to live with the father from the end of school term 2, 28 June 2019. The orders detailed specific arrangements for the child's time with the mother, including during school terms and holidays, and established protocols for communication, changeovers, and school-related matters. The mother was also ordered to attend counselling to address issues identified in psychological and family reports, and injunctions were put in place to protect the child from conflict and ensure appropriate parental conduct.