Goode & Goode (No.2)

The case of Goode & Goode (No.2) concerned a dispute between the parties regarding parenting orders for their child. The governing legal principles were established by the Full Court in a prior decision, Goode and Goode (2006) FLC 93-286.

The court was required to determine how to apply the provisions of the *Family Law Act 1975* (Cth) concerning the best interests of the child when making parenting orders. Specifically, the court needed to consider the paramountcy of the child's best interests and the framework for assessing these interests as outlined in sections 60CA and 60CC of the Act. This included examining the primary considerations of a meaningful relationship with both parents and protection from harm, as well as the numerous additional considerations.

Justice Ryan's reasoning affirmed that the best interests of the child remain the paramount consideration in deciding any parenting order, a principle consistent with previous legislation. The court must consider the factors enumerated in sections 60CC(1), (2), (3), (4), and (4A) of the Act. These factors provide the framework for assessing and weighing the child's best interests, with the objects and principles in section 60B offering the overarching context for this assessment. Section 60CC(4) and (4A) were highlighted as particularly important, requiring consideration of how each parent has fulfilled, or failed to fulfil, their parental responsibilities, especially in relation to decision-making, spending time with, and communicating with the child, and facilitating the other parent's involvement, with particular regard to post-separation events.