Nagle and Abrahams

This matter concerned the parenting arrangements for a child, X, born in 2013. The parties involved were the child's mother and father, referred to as Nagle and Abrahams respectively. The dispute centred on the living arrangements for X, the extent of parental responsibility, and the nature and frequency of contact between X and her father. The decision was made by Judge Terry.

The court was required to determine several legal issues, including the child's best interests under section 60CC of the *Family Law Act 1975* (Cth). This involved considering the child's maturity, sex, and background, including her Aboriginality, and any family violence or apprehended violence orders. The court also had to assess the relationship between the child and each parent, the extent to which each parent had taken the opportunity to spend time with and communicate with the child, and the likely effect of any change in the child's circumstances. The court also considered the practical difficulties and expense of a child spending time with a parent, and whether the proposed orders were least likely to lead to further proceedings.

In reaching its decision, the court found that while the child identified as Aboriginal through her maternal grandmother, this fact did not determine the case. The court also found no evidence of family violence between the parents, despite allegations of stalking and harassment by third parties and conflict at changeovers. The court noted the child's strong bond with her mother, who was identified as the primary attachment figure, and observed that the child appeared comfortable and happy with her mother. While the child also had a good relationship with her father and enjoyed spending time with him, the court considered a change in residence or shared care to be a dramatic change for the child, particularly given the cessation of contact for over six months. The court also expressed concerns about the father's parenting capacity and his irrational beliefs.

The court ordered that the child X shall live with the mother and that the mother shall have sole parental responsibility. The child is to spend time with the father as determined by the mother, who has the final decision-making power and may require supervision. The father is permitted to send letters, cards, and gifts three times a year, and the mother is to provide written information and photographs of the child three times a year. The mother is also restrained from bringing the child into contact with or allowing communication with the maternal step-grandfather.