OSBORNE & GALLOWAY

The case involved a dispute between the mother and father concerning the parenting arrangements for their child, X Galloway Osborne. The mother sought orders that the child have no overnight time with the father until the age of 13. The court was required to determine the best interests of the child in light of the evidence presented.

The court was tasked with determining whether the mother's contention that the child should not spend any overnight time with the father until the age of 13 was supported by the evidence. Crucially, the court needed to assess whether either parent posed an unacceptable risk of harm to the child, which would inform the nature and extent of the parenting orders to be made.

Baumann J found that the evidence did not support the mother's request for no overnight time with the father. The court did not make a finding that either parent presented an unacceptable risk of harm to the child. Consequently, the court discharged previous parenting orders and made final orders establishing equal shared parental responsibility for long-term decisions. The child was ordered to live with the mother, with graduated unsupervised overnight time with the father, commencing immediately and increasing over time. The orders also detailed specific arrangements for school term time, holiday time, special days, changeovers, extra-curricular activities, and medical treatment, including provisions for communication and a restraint on the father regarding alcohol consumption while the child is in his care. The court also made orders regarding psychological counselling for the parents and directed that any further applications within two years be listed before Justice Baumann.