Giltson and Basfield

In *Giltson & Basfield* [2014] FamCA 319, the Family Court of Australia considered parenting orders concerning a child, E Dillon. The father, Mr Giltson, sought orders for shared parental responsibility and for the child to live with him, while the mother, Ms Basfield, sought sole parental responsibility and for the child to live with her, with no contact with the father. The proceedings involved significant shifts in the orders sought by the father throughout their duration, and a history of non-compliance with court orders by both parties.

The central legal issues before the Court were whether the presumption of equal shared parental responsibility applied, and if not, how to determine the child's best interests, particularly in light of the mother's psychological state and its impact on the child. The Court was required to assess the evidence regarding the mother's post-traumatic stress disorder, its exacerbation by contact with the father, and the potential for this anxiety to transfer to the child. The Court also had to consider the father's fluctuating capacity to care for the child, evidenced by his accommodation and employment circumstances.

The Court found that the mother suffers from post-traumatic stress disorder, which significantly impacts her parenting ability and negatively affects the child. It was determined that the child's behavioural changes were a result of the mother's anxious reaction to any attempts at contact with the father, rather than the contact itself. The Court concluded that the presumption of equal shared parental responsibility was rebutted due to the mother's psychological state and its detrimental effect on the child. The Court applied the principles that a parent's anxiety impairing their parenting capacity is a relevant factor in determining a child's best interests.

Consequently, the Court made orders for the mother to have sole parental responsibility, for the child to live with the mother, and for the child to spend no time with the father. The father was also restrained from contacting the child or the mother, and the mother was granted liberty to change the child's surname and remove the child from Australia. All previous parenting orders were discharged.