Gilbey & Park

This matter concerned an application by Mr. Gilbey (the Applicant) against Mr. Park (the Respondent) regarding parenting arrangements for their child, X. The orders were made by consent, with Judge O'Shannessy presiding in the Federal Circuit Court of Australia on 16 July 2021.

The court was required to determine the parenting orders concerning X's living arrangements, time spent with each parent, special occasions, communication, travel, and other related matters. The court also considered the need for a Family Report and adjourned the proceedings for a final hearing.

Judge O'Shannessy applied Part VII of the *Family Law Act 1975* (Cth), with the paramount consideration being the best interests of the child. The court gave significant weight to the benefit of X having a meaningful relationship with both parents and considered observations from a section 11F report writer. The court noted X's expressed wish for more time with both parents and acknowledged the child's good relationship with each parent. The court found that an increase in X's time with the Father was in X's best interests, particularly given the deteriorated relationship between the parents.

The court made orders by consent regarding equal shared parental responsibility, X living with the Mother, and specific time arrangements for X with the Father during school terms and holidays. Further orders addressed special occasions, communication protocols, interstate and international travel, passport arrangements, and restraints on parental conduct. The court also ordered the parties and X to attend mediation and a Family Consultant for a Family Report, and adjourned the proceedings for a final hearing on 3 October 2022.