PENMAN & MORGAN

In the matter of *Penman & Morgan*, heard by Stevenson J, the proceedings concerned a 13-year-old child, C. The parents, the father and the mother, had two adult children who resided with the father. The father sought orders for C to live with him and spend time with his mother according to C's wishes, with the father having sole parental responsibility. The mother sought orders for C to spend time with her on specified dates, also seeking sole parental responsibility. The court noted chronic conflict between the parents, a coping mechanism adopted by C and his brothers of living with the father, and expert evidence indicating C had a positive relationship with his mother, sustained by the existing arrangements.

The primary legal issues before the court were the determination of C's residence, the allocation of parental responsibility, and the nature and extent of C's time with each parent. Additionally, the court was required to consider the father's applications for various child support orders, including an examination of the relevant legislative provisions, specifically section 64B of the *Family Law Act 1975* (Cth), to ascertain the available sources of power for such applications.

Stevenson J reasoned that given the chronic parental conflict and the child's established coping mechanism of living with the father, it was in C's best interests for him to reside with his father and have sole parental responsibility. The court found that the existing arrangements had been sufficient to maintain C's positive relationship with his mother. Consequently, the court ordered that the father have sole parental responsibility for C, that C live with his father, and that C spend time with and communicate with his mother as they agreed from time to time. The father was also ordered to ensure C completed his secondary education at B school. The father's applications for child support were dismissed due to a lack of identified statutory power to support them.