MORREN & EASTWELL

The parties to these proceedings were the father and the mother of a child. The dispute concerned parenting orders for the child, which had a complex procedural history involving prior final orders made in 2016 and 2017, and an application by the father for variation of those orders to have the child live with him. The mother opposed this application. The proceedings were transferred to the Federal Court of Australia, where the father ultimately withdrew his application, leading to the matter proceeding as an undefended hearing.

The court was required to determine the best interests of the child, specifically with whom the child should live and spend time, and the allocation of parental responsibility. The court also had to consider the impact of previous unsubstantiated allegations of family violence by the father's partner and the prolonged exposure of the child to intense parental conflict.

Cleary J reasoned that the child had been living with the mother and had not spent time with the father for almost two years. The court found that the child had suffered psychologically due to the parental conflict. Applying the paramount consideration of the child's best interests, the court ordered that the child live with the mother and that the mother have sole parental responsibility. The court further ordered that the child spend time with the father as agreed between the parties, with specific provisions regarding changeovers and the exclusion of the father's partner from any such occasions.