Miller and Miller

These proceedings were heard in the Federal Circuit Court of Australia concerning a dispute between Mr Miller (the applicant father) and Ms Miller (the respondent mother) regarding the parenting arrangements for their child, X. The father sought orders for equal time with X, while the mother sought to maintain the existing parenting structure.

The court was required to determine the best interests of the child, X, in light of the competing parenting proposals. Specifically, the court had to consider whether to vary the existing consent orders, which provided for X to live with her mother and spend four nights a fortnight with her father, to implement a week-about living arrangement. The court also had to consider the implications of the mother's de facto relationship and impending marriage, and the father's new relationship, on the child's best interests.

The court applied the principles outlined in the *Family Law Act 1975*, particularly sections concerning the best interests of the child. It considered the child's age, the history of the parenting arrangements since separation, and the current circumstances of both households. The court noted the father's concerns regarding X's behaviour and an incident of domestic violence at the mother's household. Ultimately, the court found that an order for equal time was in X's best interests.

The court ordered that the previous consent orders be discharged, except for the provision of equal shared parental responsibility. The child was to live with each parent on a week-about basis during school terms and spend equal time during school holidays, with specific arrangements for changeovers and special days. The parents were also ordered to attend counselling, Family Dispute Resolution, and a step-parenting program, and to refrain from illicit drug use and excessive alcohol consumption.