Phillips and Denton

This matter concerned parenting arrangements for a child born in March 1995, with the father residing in Perth and the mother in Victoria. The proceedings before Carter J involved significant and prolonged disputes between the parents, characterised by extreme suspicion and distrust towards each other. The court noted that the case had taken longer than anticipated due to these interpersonal difficulties, despite the parties having received assistance from legal aid bodies.

The primary legal issues before the court were to determine and formalise parenting orders that would best serve the child's welfare, given the deep-seated animosity between the parents. This included establishing shared parental responsibility, determining the child's living arrangements, and detailing the specific times the child would spend with each parent, as well as communication protocols. The court also had to consider the conduct of the parties in relation to the proceedings when making orders for costs.

Carter J's reasoning focused on ensuring the child's best interests, as mandated by the *Family Law Act 1975*. While acknowledging the parents' profound distrust, the court found that the negotiated and ordered arrangements, supported by a Family Report and the Independent Children's Lawyer's input, represented a satisfactory outcome. The court applied principles of shared parental responsibility and detailed time-spent arrangements, including specific provisions for school holidays, weekends, and communication. The court also addressed costs, noting the father's consent to an order and providing the mother with time to pay, considering her circumstances and the child's primary care.

By consent, the court ordered the discharge of all previous parenting orders and established equal parental responsibility, with the child to live with the mother. Specific arrangements for the child to spend time with and communicate with the father were detailed, along with provisions for travel, notification, and the completion of post-separation parenting programs. The court also made orders regarding the child's schooling, communication with tutors, and mutual non-denigration. Compliance with the orders was to be supervised for 12 months, and a mechanism for dispute resolution was established. Costs were awarded, with specific contributions ordered from both parents towards the Independent Children's Lawyer's fees.