HERD & HERD

In the matter of *Herd & Herd*, Austin J of the Family Court of Australia considered parenting arrangements for the child B. The dispute concerned the child's living arrangements and the allocation of parental responsibility between the mother and father. The court was required to determine the best interests of the child, including whether an equal time arrangement was appropriate and how parental responsibility should be allocated, given a conceded episode of family violence by the mother.

The court's reasoning focused on the child's best interests, as mandated by the *Family Law Act*. While a single episode of family violence rendered the presumption of equal shared parental responsibility inapplicable, both parties sought its allocation. The court found that the evidence did not establish a need to protect the child from physical or psychological harm caused by abuse or family violence by the mother. However, the father's criticisms of the mother were deemed to impair his ability to support the child's relationship with her, making an equal time arrangement not in the child's best interests and not sought by either party. The success of the existing parenting arrangement suggested little need for alteration.

Consequently, the court ordered that the child live with the mother and spend substantial and significant time with the father. All former orders relating to the child were discharged. The mother and father were to have equal shared parental responsibility for the child. Specific orders detailed the child's time with each parent during school terms and holidays, including provisions for Christmas and other public holidays, and Mother's Day and Father's Day. The court also imposed restraints on corporal punishment and denigration of the other parent in the child's presence.