FULLAGER & BARBERRY

In the Family Court of Australia, Hannam J considered a dispute between Fullager and Barberry concerning final parenting orders for their child. The father sought orders for the child to relocate and live with him, alleging a risk of psychological harm due to the mother's anxiety regarding his time with the child and her judgment of risks he posed. The mother's allegations of child abuse by the father varied significantly during the proceedings, though she ultimately did not press the claim of an unacceptable risk of physical abuse. The Independent Children’s Lawyer supported the father's position.

The court was required to determine the best interests of the child in light of the father's application for relocation and the mother's differing positions on risk. A key consideration was the repealed "friendly parent" provision, which the court observed should not be treated as a mandatory factor in determining the child's best interests. The court also had to assess whether there was an unacceptable risk in the mother's care.

Hannam J reasoned that while the mother's position on risk had been inconsistent, no finding of unacceptable risk in her care had been made. The court ultimately made orders discharging previous parenting orders and establishing equal shared parental responsibility. The child was ordered to live with the mother, with specific provisions for the child to spend time with the father during school terms and holidays, including detailed arrangements for collection, communication, and travel. The mother was restrained from moving with the child outside the Sydney metropolitan area without consent or court order.