Quong and Rush (No.2)

This case concerned parenting orders for a child, [X], born in 2005. The dispute was before Judge Terry in an Australian court. The mother sought orders for the child to live with her, while the father sought orders for the child to live with him.

The court was required to determine the best interests of the child, [X], in accordance with Australian law, specifically considering the matters outlined in sections 60CC(2) and (3) of the relevant Act. Key issues included the child's maturity, sex, lifestyle, and background, as well as the views expressed by the child. The court also had to consider the extent to which each parent had taken the opportunity to spend time with, communicate with, or be involved in decision-making about the child, and whether any family violence had occurred. The court was also required to consider the child's Aboriginal heritage and the impact of any proposed order on his right to enjoy his culture.

Judge Terry reasoned that while the mother's cultural background and beliefs differed from Australian legal principles, Australian law does not grant primacy to either parent based on their gender. The judge placed significant weight on the child's expressed views, noting that [X], at thirteen and a half years old, had consistently and strongly expressed a desire to live with his father. This view was considered particularly relevant given the father's demonstrated ability to provide proper care and ensure the child spent regular time with the mother. The judge also considered the preference for making orders least likely to lead to further proceedings, finding that the child's current living arrangement with the father was most likely to achieve this.

The court ordered that the father and mother have equal shared parental responsibility for the child. The child was to live with the father, and the mother was to spend time with the child as agreed between the parents, or failing agreement, for four weeks during the annual Christmas school holidays and two weeks each school term holiday. The child was also to communicate with the mother as agreed between the parents.