Kenneth & Kenneth

This case involved an application concerning the parenting arrangements for a child, X, born in 2010. The proceedings were before Mead J in the Federal Circuit and Family Court of Australia. The dispute centred on the impact of ongoing parental tension on X, following previous final consent orders made in 2013. While X's time with his father had been temporarily reduced in 2018, it had since resumed, albeit with modifications, and the current orders sought to address the child's ongoing needs and the parents' relationship.

The court was required to determine the best interests of the child, X, in accordance with the *Family Law Act 1975*. Specifically, the court had to consider the benefit to X of having a meaningful relationship with both parents and the need to protect him from harm, abuse, neglect, or family violence. The court also had to consider whether it was reasonably practicable for X to spend equal time with each parent, or substantial and significant time, and make orders accordingly.

Mead J reasoned that both parents acknowledged the benefit of X having a meaningful relationship with the other, despite their high level of distrust and the mother's ongoing anxiety regarding the father's behaviour. The court found that while arguments had occurred during the parties' relationship, there was no evidence of physical violence towards each other or X. The judge concluded that both parents had the capacity to share parental responsibility and provide X with emotional security, provided they acknowledged X's love for each of them and made adjustments to their behaviour. The court determined that X was ready to spend more time with his father, and that the original five nights per fortnight during school terms, along with special occasion time, were appropriate. However, the court found that equal time living with each parent on a week-about basis was not in X's best interests. Instead, the court ordered an incremental increase in school holiday time with the father over two years, aiming for equal sharing by the commencement of the 2023 school year.

The court made orders for equal shared parental responsibility, with X to live with the mother. The orders detailed specific arrangements for X's time with his father during school term and holiday periods, including provisions for special occasions, birthdays, and Father's Day/Mother's Day. Injunctions were granted restraining both parents from denigrating the other in X's presence or discussing parenting arrangements with him. The father was also restrained from consuming more than three standard alcoholic drinks per 24-hour period when X was in his care. The court also ordered that the parties share equally the cost of X meeting with a Ms C to explain the terms of the orders.