Malle & Malle

This case involved Mr and Mrs Malle, parents of a child named A, born in May 1992. The dispute concerned parenting arrangements for A, who was 15 years old at the time of the proceedings. The Family Court of Australia at Melbourne was required to determine these arrangements.

The court was tasked with determining the primary residence of A, the extent of his time with each parent, and the nature of their parental responsibility. Specifically, the court needed to address the parents' agreement for A to live with his mother and spend time with his father as agreed between them, and the implications of "equal shared parental responsibility" in light of recent amendments to the *Family Law Act 1975*. The court also had to consider whether the proposed orders were in A's best interests.

Justice Brown applied the principles of the *Family Law Act 1975*, particularly concerning the best interests of the child. The court noted the history of the proceedings, including previous consent orders and the wife's allegations of abuse and A's subsequent relocation to live with his mother. The court considered the family report and the parties' current agreement, finding that A living with his mother in Melbourne was in his best interests at that time. The court clarified that "equal shared parental responsibility" required major long-term decisions to be made by both parents, distinguishing it from the previous status quo where parents could exercise joint responsibility severally.

The court made orders discharging all previous orders concerning A, that A live with his mother, and spend time with his father as agreed between them. It was further ordered that each parent have the day-to-day care of A whilst he was in their care, and that both parties have equal shared parental responsibility for A. These orders were made pursuant to section 65DA(2) of the *Family Law Act 1975*, with particulars of obligations and consequences of contravention set out in an annexure.