Mullane & Burnham

This matter concerned parenting orders between Ms Burnham (the applicant mother) and Mr Mullane (the respondent father) regarding their child, B. While the parties had reached substantial agreement on most parenting issues, the court was required to determine discrete matters concerning the father's time with B on Father's Day and during school holidays, in circumstances of a poor co-parenting relationship. The mother opposed orders allowing the father more than a five-night block of time with the child.

The central legal issue before the court was to determine the parenting arrangements that would be in the best interests of the child, B, pursuant to section 60CC of the *Family Law Act 1975* (Cth). This involved considering the primary considerations of the benefit to the child of a meaningful relationship with both parents and the need to protect the child from harm. The court also had to consider additional factors, including the child's views, the nature of the relationship with each parent, the extent to which each parent had participated in major long-term decisions and spent time with the child, and the practical difficulties and expense of the child spending time with each parent.

Henderson J applied the principles of the *Family Law Act* to the facts, noting that while a cautious approach was warranted in the short term to allow B to settle into a pattern of regular time with his father, the risks identified by the mother were to be minimised by B's age and development by 2022. The court reasoned that the benefits to B of spending extended time with his father's family during school holidays would outweigh any perceived risks. Consequently, the court made orders that included a gradual increase in the time B would spend with his father during school holidays, aiming for half of the school holidays by 2023. The orders also detailed specific arrangements for time on Father's Day, school holidays, and Christmas holidays, along with provisions for parental responsibility, communication, travel, and injunctions to prevent denigration and protect the child.