PICKREN & MARES

In this matter before the Family Court of Australia, the parties, Pickren and Mares, sought final parenting orders concerning their child. The dispute centred on the living arrangements for the child, with the mother and the Independent Children’s Lawyer advocating for the child to primarily reside with the mother and spend four nights a fortnight with the father. The father, in his primary position, sought orders for the child to live with the mother and for his time with the child to be as agreed between the parties, with an alternative claim for equal time.

The court was required to determine the best interests of the child in accordance with the *Family Law Act 1975* (Cth), specifically considering the child's expressed wishes, the dysfunctional communication between the parents, and whether the existing equal time arrangement remained in the child's best interests. The court also had to consider the principles of equal shared parental responsibility and the concept of substantial and significant time with each parent.

The court reasoned that while equal shared parental responsibility was appropriate, the existing equal time arrangement was not in the child's best interests due to the burdensome and dysfunctional communication between the parents. Applying the principles of *Briginshaw v Briginshaw* and considering the evidence, including the Family Consultant's recommendation to give weight to the child's wishes, the court found that substantial and significant time with each parent was reasonably practicable. The court ultimately ordered that the child live primarily with the mother and spend four nights a fortnight with the father, with equal division of school holiday periods. The court also made specific orders regarding communication between the parents and the notification of medical information.