Goode & Goode

This case concerned the application of parenting orders under Part VII of the *Family Law Act 1975* (Cth), specifically in interim proceedings. The court was required to determine the approach to be taken when considering the presumption of equal shared parental responsibility under s 61DA, and how this interacted with other provisions of the Act, particularly s 60B(1)(a) and s 60CC.

The central legal issues before the court were how to apply the legislative framework for determining parenting orders, especially at an interim stage, and the significance of various factors outlined in s 60CC when assessing a child's best interests. This included determining whether the presumption of equal shared parental responsibility applied, whether it was rebutted, and if so, how to consider orders for equal time, substantial and significant time, or other arrangements consistent with the child's best interests. The court also had to consider the impact of untested evidence and the potential for maintaining a status quo versus promoting a meaningful relationship with both parents.

The court reasoned that while the legislative pathway must be followed, interim proceedings often involve conflicting facts and limited evidence. The court outlined a step-by-step process for making interim decisions, beginning with identifying proposals and disputes, then considering relevant facts and the matters in s 60CC. The court emphasised that the primary considerations under s 60CC(2) are the benefit of a meaningful relationship with both parents and the need to protect the child from harm. Additional considerations under s 60CC(3) and (4) are also crucial, including the child's views, the nature of relationships, the parents' ability to facilitate contact, practical difficulties, and the parents' past fulfilment of responsibilities. The court noted that even if neither parent seeks equal or substantial and significant time, the court may consider it if it is in the child's best interests after affording procedural fairness. If the presumption of equal shared parental responsibility does not apply or is rebutted, the court must make orders in the child's best interests, considering the factors in s 60CC.