Offer and Haggerty

This case concerned parenting arrangements for the child X, born in 2009, between the applicant Father, Mr Offer, and the respondent Mother, Ms Haggerty. The dispute involved determining with whom X should live, the nature of parental responsibility, and the specific arrangements for X to spend time with the non-resident parent. The matter was heard by Judge Neville.

The court was required to determine several key issues, including whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) was rebutted, the primary considerations under section 60CC(2) of the Act regarding the benefit of a meaningful relationship with both parents and the need to protect the child from harm, and various additional considerations under section 60CC(3) such as the child's views, the nature of the relationship with each parent, and the capacity of each parent to provide for X's needs. Specific issues included the father's alleged alcohol problem and its impact on his parenting, the mother's delay in seeking X's return after she was retained by the father, and the practicalities of travel and changeovers given the distance between the parents' residences.

Judge Neville's reasoning focused on applying the principles of the *Family Law Act* to the evidence presented. The court found that the father's conduct, including his failure to facilitate X's relationship with the mother, his denial of alcohol issues despite evidence to the contrary, and his criminal history involving violence, weighed against him. Conversely, the mother, despite some criticism for her delay in taking action, demonstrated a commitment to X having a relationship with her father and proposed specific, substantial time arrangements. The court considered the evidence from a Family Consultant, Ms D, who recommended a change of residence to the mother, noting X's distress when interviewed with the father and her relaxed demeanour with the mother. The court also noted the importance of X's relationship with her sibling and the mother's household.

The court ordered that X live with the Mother, with equal shared parental responsibility. Specific orders were made regarding the father's time with X, including periods during school holidays and weekends, with provisions for changeovers to be conducted by third parties where possible. The father was ordered to refrain from drinking alcohol to excess when X was in his care. Additionally, both parents were restrained from speaking negatively about the other to X and were required to complete post-separation parenting and alcohol/substance abuse courses. An injunction was also made restraining the mother from bringing X into contact with a Mr S. All previous applications were dismissed, and the matter was finalised.