ORTEN & DANK

In the matter of *Orten & Dank*, Cleary J of the Family Court of Australia considered an application concerning the parental responsibility and time arrangements for the child B. The dispute centred on the appropriate level of parental responsibility and the extent of time the child should spend with each parent, given concerns about the father's mental ill-health and the child's need for stability.

The court was required to determine whether equal shared parental responsibility was in the child's best interests, despite the father's history of mental ill-health and the mother's concerns. Additionally, the court had to consider the appropriate arrangements for the child to spend time with the father, balancing the father's desire for increased contact with the child's need for stability and the potential risks associated with the father's mental health.

Cleary J reasoned that while there was no evidence of the child being harmed by abuse from the father, and that it was beneficial for the child to have both parents involved in decision-making, the risks associated with the father's mental ill-health could be mitigated by ensuring the mother was informed of any relapses. The court concluded that equal shared parental responsibility was in the child's best interests, provided appropriate safeguards were in place. Regarding time arrangements, the court acknowledged the father's understanding of the need to proceed cautiously and ordered a gradual increase in time spent with the father, commencing with supervised contact and progressing to alternate weekends, with a view to achieving equal time in the future.

The court ordered that the parents have equal shared parental responsibility for the child B, with the child to live with the mother. Time spent with the father was to be progressively increased over a period of approximately two years, commencing with supervised contact by the paternal grandmother for the first 12 months. The orders also included provisions for communication between the child and father, information sharing between parents regarding the child's welfare and each parent's mental health, and prohibitions against denigration.