MCAVOY & BACKERT

In *McAvoy & Backert*, heard by Judge Burchardt, the dispute concerned parenting arrangements for the child, X, born in 2012. The mother sought a 10/4 arrangement favouring her, while the father sought to continue the existing week-about arrangement. The child has ADHD and developmental difficulties, and the father has intellectual disabilities, with professionals noting he is less attuned to the child's best interests.

The court was required to determine the most appropriate parenting orders for X, considering the child's specific needs and the parents' respective capacities. This involved assessing the best interests of the child, a paramount consideration under the *Family Law Act 1975*, and whether the presumption of equal shared parental responsibility was rebutted in relation to the child spending time with each parent.

The court reasoned that a 10/4 arrangement in the mother's favour, as proposed by the Independent Children's Lawyer and agreed to by the mother, was in the child's best interests. This decision was influenced by the father's noted difficulties in attuning to the child's needs, despite the general principle of equal shared parental responsibility. The court discharged previous orders and made detailed orders regarding X living with the mother and spending time with the father, including specific provisions for holidays and communication. Further orders addressed parental responsibilities, geographical restrictions, communication protocols, and dispute resolution mechanisms, including injunctions to protect the child from parental conflict and denigration.