McClelland and Rhodes

This matter concerned applications relating to the parenting arrangements for a child, [X], born in 2014. The applications were heard by Judge Terry.

The court was required to determine the best interests of the child, [X], in light of the competing interests of the parties. Specifically, the court had to consider the benefit to the child of having a meaningful relationship with both parents, the need to protect the child from abuse, neglect, or family violence, the child's views (if any), and the nature of the child's relationship with each parent and other significant persons.

Judge Terry found that the primary consideration of fostering a meaningful relationship with both parents did not strongly assist in determining the orders, as the applicant was a reluctant parent and the proposed orders would not impede his developing a relationship if he chose. The court noted a risk of incidents at changeovers between the parents due to their deteriorated relationship, which would necessitate third-party involvement. The court also considered the child's strong attachment to his mother, who had always been his primary carer, and observed warm and loving interactions between them. While the child's bond with his father was unclear, the court noted a positive and attuned relationship between the child and the applicant, Ms McClelland, as observed in previous child inclusive conferences.

The court ordered that the child, [X], would spend time with the applicant on the next two occasions scheduled under interim orders. Thereafter, all outstanding orders concerning the child were discharged, and all other outstanding applications were dismissed.