PLUME & NEVIN

In the matter of *Plume & Nevin*, Austin J considered the best interests of the child, B, born in 2011, in determining parenting orders. The dispute involved allegations of sexual abuse and impropriety by the father, alongside concerns about the mother's parenting capacity due to an environment of profanity and distorted parental instruction. Despite these concerns, the father conceded that the child should continue to live with the mother.

The court was required to determine whether the presumption of equal shared parental responsibility was rebutted and, consequently, what arrangements for the child's living arrangements and time with each parent would best serve his interests. The court also had to assess the evidence regarding the alleged sexual abuse and the overall parenting environments provided by each party.

Austin J found that the evidence did not establish that the child was at risk of physical or psychological harm from sexual abuse or impropriety by the father. However, the court noted that the evidence overwhelmingly indicated the child was immersed in an environment of profanity and distorted parental instruction from the father. While aspects of the mother's parenting capacity were also impinged upon, the father's concession regarding the child living with the mother was a significant factor. The court concluded that the evidence was insufficiently strong to rebut the presumption of equal shared parental responsibility.

Consequently, the court ordered that the parties have equal shared parental responsibility for the child, that the child live with the mother, and that the child spend regular time with the father. The father's time with the child was to be structured around the child’s educational commitments and the father’s proximity to the mother’s residence, with detailed provisions outlining the frequency and duration of these visits, which varied based on the father's distance from the mother's home and the child's age and schooling. The orders also included provisions for communication between the child and each parent, and a restraint on denigrating the other parent in the child's presence.