Osborne and Fletcher

This matter concerned parenting and property disputes between the mother and father of a child, B, born in 2004. The proceedings were before Foster J.

The court was required to determine the arrangements for the child's parental responsibility and living arrangements, and to make interim orders regarding the father's sole use and occupation of the family property. A key issue in the parenting dispute was the extent to which the child's wishes should be given weight in determining time arrangements with the father, particularly in light of the parents' conflictual relationship.

Foster J made orders for equal shared parental responsibility and that the child live with the mother. The court considered the mother's proposal for alternate weekend and school holiday time with the father, but cautioned against allowing the child to determine such arrangements at her age given the parties' conflict. The court noted the additional considerations under s 60CC(3) of the Family Law Act 1975 (Cth), including the child's views, the nature of the relationship with each parent, and the capacity of each parent to provide for the child's needs.

Pending further order, the father was granted sole use and occupation of the property at C Street, Suburb D, subject to specific conditions. These conditions included the mother's liberty to inspect the property monthly with 72 hours' notice, the father's obligation to maintain the property and meet mortgage and rate payments from 1 October 2016, and the mother's liberty to apply for orders for the father to vacate and for the property to be sold in the event of non-compliance. The proceedings relating to the child's time with the father were adjourned part-heard.