HAYES & LOGAN

This case concerned parenting orders for a child aged almost five. The mother sought a significant reduction in the father's time with the child, alleging harassment, stalking, and intimidation by the father, and behaviour that could negatively influence the child. The father, while critical of the mother's parenting, proposed continued shared care. The court found there was a foundation for the mother's concerns.

The primary legal issue before the court was to determine the parenting arrangements that were in the best interests of the child, considering the allegations of family violence and the potential impact of the parents' conduct on the child. This involved assessing the child's relationship with each parent, the likely effect of any changes in circumstances, and the capacity of each parent to provide for the child's needs, including emotional and intellectual development. The court was also required to consider the practicalities of maintaining the child's relationship with both parents.

In its reasoning, the court applied the principles of the *Family Law Act 1975*, particularly sections 4AB, 60CC, and 61DA, focusing on the child's best interests. The court acknowledged that while the child related well to the father and did not directly bear the brunt of the father's negative behaviour, the child could be exposed to denigration of the mother and her associates while in the father's care. This exposure was considered potentially harmful and likely to cause psychological confusion for the child. The court also noted that reduced time with the father would increase the child's time with his brother. The court found the mother's current role as a homemaker was appropriate given the child was not yet school-aged and did not consider her a poor role model.

The court ordered that the child live with the mother and discharged all previous orders regarding the child. The mother was granted sole parental responsibility, with an injunction restraining her from changing the child's surname from Logan. The father was granted limited, specific time with the child, with provisions for changeovers and notification of accidents or medical emergencies. The parties were also restrained from denigrating each other in the child's presence.