Levins & Donovan

In the matter of PAC 4822 of 2018, Ms Levins (the Mother) and Mr Donovan (the Father) were the parties before Newbrun J. The dispute concerned parenting arrangements for their child, X, born in 2015.

The court was required to determine the terms of parenting orders, including the allocation of parental responsibility, the child's living arrangements, and the time the child would spend with each parent. Further issues included provisions for communication between the parents and the child, arrangements for school holidays and special days, and specific orders regarding the child's involvement with support services and educational institutions. The court also addressed orders restraining negative communication about a parent and an injunction against the Father's use of illicit substances.

Newbrun J applied the principles of the *Family Law Act 1975* (Cth), particularly section 60CC concerning the best interests of the child. The court considered the child's age, the nature of the relationships with each parent and other significant persons, and the extent to which each parent had participated in major long-term decisions and spent time with the child. The court also weighed the practical difficulties and expenses associated with the proposed arrangements. The evidence indicated that the child was too young to express a view. The court noted the Mother's positive parenting capacity and the child's positive relationships with her stepsiblings and extended family. The court also considered the need to protect the child, referencing the Mother's concerns about the Father's past behaviour.

The court made orders for equal shared parental responsibility, with the child to live with the Mother from a specified date. The orders detailed a specific schedule for the child's time with the Father, including alternate weekends during school terms and a division of school holidays. Provisions were made for communication, changeovers, and the exchange of information regarding the child's education and welfare. An injunction was granted restraining the Father from using illicit substances within 48 hours prior to and during his time with the child, and both parents were restrained from speaking negatively about each other in the child's presence. The parties were also ordered to undertake a post-separation parenting program.