JACE & WESTPHALIA

The Family Court of Australia considered competing parenting applications brought by the father, Mr Jace, and the mother, Ms Westphalia, concerning their daughter, V, born in January 2008. The central dispute revolved around the extent of time V would spend with her father, and whether the mother should be permitted to reside with V in a particular suburb. The father initially sought a residence order for V to live with him, citing concerns about parental alienation, but later withdrew this application and sought for V to live with the mother while spending time with him.

The court was required to determine the best interests of the child, V, in light of the parents' high conflict history and the mother's alleged attempts at parental alienation. Specifically, the court had to consider the father's revised application for V to live with the mother and spend time with him, and the recommendations of the Independent Children's Lawyer. The court also had to address the mother's desire for V to reside with her in a specific suburb.

The court's reasoning focused on the paramount consideration of V's best interests, as mandated by the *Family Law Act 1975* (Cth). It acknowledged the history of conflict and the serious allegations made by the mother, which were ultimately not substantiated. The court adopted a phased approach to increasing V's time with the father, commencing immediately and gradually expanding over several years, with detailed provisions for school holidays and special occasions. The court also made orders for equal shared parental responsibility, communication between parents, and the continuation of family counselling.

Ultimately, the court ordered the discharge of all previous orders and established a regime of equal shared parental responsibility. V was ordered to live with the mother, except when spending time with the father, with a detailed schedule for increasing V's time with the father over the coming years. The court also made orders regarding changeovers, communication, and the provision of information between parents, and addressed costs associated with the Independent Children's Lawyer and a single expert witness.