MEYER & SHIPTON (No.2)

This case concerned the final arrangements for the parenting of a child, X, who was then five years and two months old. The child had lived in a shared care arrangement since he was sixteen months old, with his parents residing approximately ninety kilometres apart. Both parents sought to be the primary residence provider for X, whose schooling was due to commence in 2014, a decision that would significantly impact his living arrangements. The matter came before Brown J in the Family Court of Australia.

The court was required to determine the best interests of the child, X, in light of the proposed schooling arrangements and the parents' competing claims for primary residence. Key legal issues included the application of the rule in *Rice v Asplund*, the relevance of alleged family violence and coercion by the father, the weight to be given to the views of a child of X's age and maturity, and the comparative parenting capacities of both parents, who were described as well-motivated and capable with only marginal differences in their parenting abilities. The court also had to consider the various factors outlined in section 60CC of the *Family Law Act 1975* (Cth).

Brown J reasoned that while both parents were capable and motivated, the decision regarding X's schooling was pivotal. The court noted the mother's assertions of coercion and control by the father during their relationship, but found that any difference in their parenting capacity was marginal. The court applied the principles of best interests of the child, considering the substantial and significant time X would spend with each parent regardless of the outcome. The court ultimately made orders for equal shared parental responsibility, with X to live with the father, and detailed arrangements for X to spend time with the mother, including during school terms, school holidays, and specific public holidays. The father was authorised to enrol X at a primary school in his locality, and specific provisions were made for the exchange of the child, communication between parents and child, and the sharing of information regarding X's health and schooling.