Larosa and Humphreys

This case concerned a dispute between a mother and father regarding parental responsibility and time with their child, [X], born in 2015. The matter came before Judge Terry.

The court was required to determine the best interests of the child, [X], in relation to parental responsibility and the nature and extent of time the child would spend with each parent. This involved considering various factors under section 60CC of the *Family Law Act 1975*, including the child's maturity, sex, and background, the child's relationship with each parent, the parents' respective capacities to provide care, and the likely effect of any changes in the child's circumstances. The court also had to consider the practical difficulties and expenses associated with time spent with each parent, and the parents' attitudes towards the child and their responsibilities.

Judge Terry found that the child, [X], who was only four years old and had speech difficulties, was unable to protect himself and was too young to express a view on parenting arrangements. While the father owed child support arrears, this was not found to be a motivating factor for either parent's position. The court noted that the father had been actively pursuing time with the child since commencing proceedings. The primary attachment figure for [X] was the mother, who was described as a good and caring mother. Contact centre notes indicated that [X] settled during his time with the father, who was attentive to his needs, and [X] was responsive to him. Despite the father not being a constant figure in the child's life and having limited involvement in the first year post-separation, the child had adjusted to supervised visits and separating from his mother for pre-school. The court considered that if the father was otherwise found to be a capable and caring parent, an increase in unsupervised time could be managed by the child.

The court ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The father was granted supervised time with the child for limited periods on specific Saturdays throughout the year, to occur at a nominated children's contact centre, with the father to bear the costs of supervision. Further orders addressed communication, notification of significant events, access to school reports, prohibitions against denigration, and the mother's ability to obtain a passport for international travel with the child. The orders also included information regarding family counselling and dispute resolution services, and particulars of obligations and consequences for contravention under the *Family Law Act 1975*.