Mohem and Wittner

In the matter of *Mohem and Wittner*, Stevenson J considered parenting orders concerning the child E. The dispute involved the parents' arrangements for E's living arrangements and time with each parent, particularly in light of allegations of hostility from the mother towards the father's family due to their Hindu faith and culture, which remained largely untested.

The court was required to determine the best interests of the child E, considering various factors under section 60CC of the *Family Law Act 1975* (Cth). Key issues included the likely effect of changes in E's circumstances, the practical difficulties and expense of E spending time with her parents, and the capacity of each parent and other persons to provide for E's needs. The court also had to assess the attitude of each parent towards E and their parental responsibilities, particularly in relation to the father's proposed arrangements and the introduction of a new partner into E's life.

Stevenson J reasoned that it would be advantageous for E to resume spending quality time with her father, provided her safety was assured and she was not distressed by a precipitous reintroduction of her paternal grandparents. The court noted the father's intention to purchase his own accommodation and the assistance from his parents, but also acknowledged the Family Consultant's recommendation for a gradual reintroduction of paternal grandparents, with the paternal grandmother being introduced before the paternal grandfather. The court found that the father had shown a lack of insight into E's needs by pursuing a week-about arrangement and by his plan to suddenly introduce a new partner unknown to E.

The court ordered the discharge of all prior parenting orders and established equal shared parental responsibility. E was to live with the mother, with specific, phased-in arrangements for E to spend time with the father. These orders included restrictions on the paternal grandfather's contact with E and required both parents to complete a post-separation parenting course.