O'Loughlin & O'Loughlin (No. 2)

In *O'Loughlin & O'Loughlin (No. 2)*, Strickland J of the Family Court of Australia considered a dispute between a husband and wife concerning the living arrangements and child support for their young child. The wife had unilaterally relocated with the child, and the proceedings involved allegations of domestic violence and abusive behaviour from both parties following their separation. The court's primary focus was to determine arrangements that would best protect the child from the high level of conflict between the parents, despite the child's young age and lack of apparent impact from the conflict at that stage.

The legal issues before the court included determining with whom the child should live, the extent of time the child should spend with each parent, and whether equal time was appropriate given the circumstances. Additionally, the court was required to consider an application for a departure from the administrative assessment of child support, specifically regarding the husband's obligations for school fees and expenses. The court had to balance the benefit of a meaningful relationship with both parents against the need to protect the child from harm, considering the parties' ability to cooperate and communicate effectively.

Strickland J applied the principles outlined in Section 60CC of the *Family Law Act 1975* (Cth), which mandates consideration of primary factors such as the benefit of a meaningful relationship with both parents and the need to protect the child from harm. The court found that while the child had a close relationship with both parents, the high level of conflict, lack of communication, cooperation, and trust between the parties made equal time inappropriate and not in the child's best interests. Consequently, the court ordered that the child live with the wife and spend substantial and significant time with the husband.

In relation to child support, the court ordered a departure from the administrative assessment. For the period until the child commenced school, the husband was to pay a reduced annual rate of child support. From the commencement of school, the husband was ordered to pay all school fees and expenses, which would be credited against his child support liability and count for 100% of the annual rate payable. The orders also included detailed provisions for the child's time with each parent, communication between the parties, and injunctions to protect the child from further conflict.