MELROSE & MELROSE

In *Melrose & Melrose*, Strickland J of the Family Court of Australia considered the living arrangements and time spent between a child and her parents. The dispute concerned the best interests of the child, G, born in October 1995, with the wife expressing concerns about the husband's capacity to physically care for G, and the husband exhibiting an inflexible attitude and a lack of insight into G's needs.

The court was required to determine with whom G should live and spend time, considering the primary considerations under section 60CC of the *Family Law Act 1975*, including the benefit of a meaningful relationship with both parents and the need to protect the child from harm. Additional considerations included G's views, the nature of her relationships with each parent, each parent's willingness and ability to facilitate a relationship with the other parent, the likely effect of any changes in circumstances, the practicalities of contact, the capacity of each parent to provide for G's needs, and G's own characteristics. The court also had to consider the husband's attitude to parenthood and any family violence.

Strickland J applied the principles of section 60CC of the *Family Law Act 1975* to the evidence presented, including reports from an Independent Children's Lawyer and an expert, Mr C. The court noted the consistent theme throughout the proceedings regarding the husband's need for counselling to address his understanding of G's needs and his ability to respond to them, a point the husband had consistently refused to acknowledge. The court found that the husband's inflexibility and lack of insight into G's needs were significant factors.

Consequently, the court ordered that G live with the wife and spend such time with the husband as G wished and upon her instigation. The husband was also ordered to undertake supportive counselling or therapy to address issues preventing an ongoing relationship with G and to complete a group program for co-parenting teenagers. The court also made orders regarding communication and information sharing between the parents concerning G's health, education, and extracurricular activities.