Penski and Kocher

In *Penski & Kocher* [2013] FamCA 255, the Family Court of Australia considered a dispute between a mother and father concerning parenting orders for their five-year-old child. The primary issue was whether the mother should have sole parental responsibility or if responsibilities should be divided between the parents. Several ancillary issues also arose, including the child's exchange point, the duration and timing of the father's time with the child, limitations on the father telephoning the child, and whether a third party should be present at handovers. The court noted the palpable underlying dislike and mistrust between the parties, which significantly impacted their ability to co-parent.

The court was required to determine the best interests of the child in relation to parental responsibility, the practical arrangements for the child's time with each parent, and communication between the parents. The evidence presented by both parties detailed a history of conflict, mistrust, and an inability to communicate effectively regarding long-term decisions and day-to-day matters concerning the child. This dysfunction was corroborated by the evidence of a psychologist, Mr B, who conducted a family assessment and reported that the parties' relationship was extremely dysfunctional, with little prospect of meaningful discussion or collaborative decision-making.

Applying the principles of the *Family Law Act 1975* (Cth), particularly section 60CA which mandates that the best interests of the child are paramount, the court found that the extreme level of conflict and the parties' inability to communicate rendered shared parental responsibility unworkable. The psychologist's evidence indicated that the parents would likely engage in "parallel parenting," where each parent makes decisions independently without consultation, which was detrimental to the child. Consequently, the court determined that it was in the child's best interests for the mother to have sole parental responsibility. The court also made specific orders regarding exchange points, the timing of the child's time with the father, and limitations on telephone calls, aiming to reduce conflict and promote the child's wellbeing.