Quigley and Quigley

In *Quigley and Quigley*, heard before Judge Terry, the dispute concerned parenting arrangements for the child, X. The mother sought for X to live with her in a new location, while the father proposed that X live primarily with him.

The court was required to determine the best interests of the child, X, by considering various factors under section 60CC of the *Family Law Act 1975* (Cth). This included the child's maturity, sex, and background, the parents' attitudes to their responsibilities, the child's relationship with each parent, the child's past experiences, and the likely effect of any proposed change in the child's circumstances. The court also had to assess the extent to which each parent had taken the opportunity to spend time with X and make decisions about him, and their respective capacities to provide for X's needs.

Judge Terry reasoned that while both parents demonstrated a desire to be involved in X's life, the father's actions surrounding the mother's relocation had caused confusion and difficulty for X. The court found no evidence to support the father's allegations that the mother was motivated by financial gain in seeking X to live with her. The judge noted that children can adapt to change with appropriate parenting.

The court ordered that the parents have equal shared parental responsibility for X, with X to live with the mother. Specific arrangements were detailed for X to spend time with the father, including alternate weekends, half of all school holidays, and specific Christmas periods. The orders also addressed communication between parents and child, school enrollment, and parental involvement in school activities.