Preston & Darville

In the matter of *Preston & Darville*, Harland J considered orders concerning the parenting arrangements for a child, X, born in 2013. The applicant, Mr Preston, and the respondent, Mr Darville, sought to establish arrangements for X's care and time with each parent.

The court was required to determine whether to make orders for equal shared parental responsibility and to establish a parenting schedule that reflected the child's best interests, considering the parents' respective capacities and the history of mental health issues experienced by both parties. A key issue was the practical feasibility of equal time arrangements given the parents' communication difficulties and the mother's past hospitalisation due to mental health concerns.

Harland J applied the principles of the *Family Law Act 1975* (Cth), including the presumption of equal shared parental responsibility under section 61DA(1) and the considerations for making orders for equal time under section 65DAA(1). The court found that despite communication challenges, the parents could improve their working relationship through counselling. The presumption of equal shared parental responsibility was found to apply, as both parents demonstrated commitment to X's needs. The court acknowledged the ongoing risk of mental health relapses for the mother but was satisfied that her engagement with treatment and support systems ameliorated this risk. The father's mental health issues and potential personality or undiagnosed conditions were also noted, but the court found his commitment to X and proactive engagement with medical practitioners to be significant.

The court made orders for equal shared parental responsibility, with X to live with the mother from 4 August 2021 and to spend time and communicate with the father on an alternate week basis, with specific provisions for school holidays and public holidays. The orders also detailed communication protocols, medical information sharing, and educational involvement, aiming to facilitate co-parenting and ensure X's well-being.