GIBB & TURNLEY

The case of Gibb & Turnley involved a dispute between parents concerning parenting orders for their child, B. The matter was heard by Loughnan J.

The court was required to determine the most appropriate parenting arrangements for B, considering the welfare of the child as the paramount consideration. This involved deciding on issues of parental responsibility, living arrangements, time spent with each parent, and the communication and conduct of the parents towards each other and in the presence of the child. The court also considered the need for therapeutic intervention for both parents and the role of the Independent Children's Lawyer.

Loughnan J applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the best interests of the child. The court's reasoning led to orders that discharged all existing parenting orders. The father was granted sole parental responsibility, and B was ordered to live with the father. Specific arrangements were made for B to spend time with the mother, including during school terms, on Mother's Day and Boxing Day, and during specific school holiday periods, with conditions attached to some of these periods. The court also made detailed orders regarding changeovers, communication between parents about the child's welfare, and the attendance of both parents at school and extracurricular events. Crucially, the mother was restrained from allowing the child any contact with Mr C, and both parents were ordered to refrain from exposing the child to family violence or abuse, and from making derogatory remarks about each other in the child's presence. Both parents were also directed to engage in therapeutic interventions, with specific requirements for the father regarding family therapy and anger management, and for the mother regarding domestic violence counselling.

The court made extensive orders detailing the parenting arrangements, including provisions for communication, the conduct of the parents, and therapeutic interventions. The Independent Children's Lawyer's appointment was extended for three months. The court also requested the Registry Manager to forward copies of the reasons for judgment to the Director General of the NSW Department of Family and Community Services in respect of other children, and granted leave for the parties to apply within 28 days regarding the wording of the orders.