KEEN & BAIRD

The Family Court of Australia considered parenting orders concerning two children, X and Y, born in 2007 and 2010 respectively. The dispute arose between the applicant father, Mr Keen, and the respondent mother, Ms Baird, who had a history of drug use, domestic violence, and acrimonious interactions. The court's primary concern was the best interests of the children, who had been significantly affected by their parents' conflict.

The court was required to determine whether equal shared parental responsibility was in the children's best interests, given the perils to their welfare in the care of each parent, though not to the extent of an unacceptable risk. Specifically, the court had to assess the impact of the parents' respective issues, including the mother's history of violence and concerning text messages, and the father's past substance abuse and ongoing treatment, on the children's well-being and future care arrangements.

Stevenson J applied the principles of the *Family Law Act 1975* (Cth), particularly sections concerning the best interests of the child and parental responsibility. The court found that while there were risks associated with each parent, these did not amount to an unacceptable risk warranting the complete removal of contact. The reasoning acknowledged the children's wishes, as evidenced by the orders for them to spend time and communicate with their father in accordance with those wishes. The court also considered the expert evidence regarding the mother's mental health, noting her diagnosis of schizophrenia in remission and her compliance with treatment, as well as the father's ongoing recovery from substance abuse.

The court ordered that the mother have sole parental responsibility for the children, with specific conditions requiring her to obtain and consider the father's views on long-term decisions, inform him of all such decisions, and provide him with necessary authorities to obtain information from health professionals and schools. The children were to live with the mother and spend time and communicate with the father as per their wishes, with the mother facilitating this contact. All existing orders were discharged.