Preston and McPHERSON

This matter concerned parenting orders for a child, A, born in July 1994, between her parents, the husband and wife. The dispute revolved around the arrangements for A's residence, parental responsibility, and contact with each parent. The decision was made by Dessau J.

The court was required to determine several legal issues, including the likely effect of any changes in A's circumstances, particularly the impact of separation from either parent or other significant individuals. It also had to consider the practical difficulties and expenses associated with A spending time with and communicating with her parents, and whether these would substantially affect her right to maintain regular contact with both. Furthermore, the court needed to assess A's maturity, sex, lifestyle, background, and any other relevant characteristics, as well as those of her parents, in determining the best interests of the child.

Dessau J reasoned that the parents' inability to change their behaviour necessitated a focus on A's own capacity to make decisions given her age and stage of development. The evidence indicated that A would likely run away if forced to live with her father, and that if she remained with her mother, she would presently have no contact with her father. The judge considered that A's relationship with her father might be best mended by providing her with some space from him for the time being, with the possibility of counselling at a later stage if deemed appropriate for her well-being. The court also noted A's separation from her brother, T, and her interactions with her younger half-sister, G. The judge acknowledged A's desire to be around and identify with her female parent as a relevant consideration for her psychological needs at this stage of her life.

The court ordered that all previous parenting orders be discharged. A was to live with the wife, who would have sole responsibility for day-to-day decisions. Both parents were to share equal responsibility for long-term decisions, with the wife having sole responsibility for A's enrolment and choice of secondary school. A was to spend time with and communicate with the husband at times agreed between them and A. The wife was to ensure the husband received school correspondence and was entitled to attend school events. The wife was also ordered to inform the husband of any serious illness or injury to A within twelve hours and both parents were to exchange contact details within 24 hours of any change. The appointment of the Independent Children's Lawyer was discharged, and outstanding applications were dismissed. The orders included particulars of obligations and consequences of contravention, as set out in an attached Fact Sheet.