Laracy and Laracy

In the Family Court of Australia, Mr Laracy (the father) sought equal time with the parties' child, S, while Ms Laracy (the mother) sought for S to live with her and spend substantial and significant time with the father. The parties have equal shared parental responsibility for S, who was born in January 2007. The central dispute revolved around the amount of time S should spend with her father, with the mother proposing five nights a fortnight and the father advocating for a week-about arrangement during school terms and equal division of school holidays.

The court was required to determine whether equal time between the parents was reasonably practicable and in the child's best interests, given the parties' communication difficulties. The father argued that the mother's position was illogical, as she considered five nights a fortnight to be both reasonably practicable and in S's best interests, yet deemed seven nights a fortnight to be neither. The court also considered the history of the parties' inability to agree on parenting arrangements and the current state of their communication.

The court found that the dynamics between the parties were entrenched and complex, with a long history of disagreement that would not easily change. While acknowledging the father's argument regarding the mother's seemingly contradictory positions on practicability, the court ultimately concluded that equal time was not reasonably practicable nor in the child's best interests at that time. The court's reasoning was informed by the Family Consultant's report and the evidence presented regarding the parties' communication capacity.

The court made orders reflecting the mother's proposal, with S to live with the mother and spend five nights a fortnight with the father. The orders also detailed specific arrangements for school holidays, birthdays, and other significant dates, along with provisions for communication between the child and each parent, and injunctions restraining denigration and the recording or photographing of the child in inappropriate positions.