Raki and Perez Varela

This case involved parenting orders concerning a child born in May 2007, with the father, Mr Raki, and the mother, Ms Perez Varela, seeking the Family Court of Australia's determination of final parenting arrangements. The parties agreed on equal shared parental responsibility and that the child would live with the mother. The central dispute concerned the extent and nature of the child's time spent with the father, particularly in light of allegations made by the mother regarding the father's sexually inappropriate conduct towards the child.

The court was required to determine the best interests of the child, specifically whether unsupervised time with the father would expose the child to an unacceptable risk of abuse, and to establish a parenting regime that allowed the child to develop a relationship with the father while addressing the mother's concerns. The court also considered the need for the mother to gain confidence in the child's safety and the potential for therapeutic interventions for both parents.

The court found that the mother's allegations of sexually inappropriate conduct by the father were unsubstantiated and that unsupervised time with the father would not expose the child to an unacceptable risk of abuse. Applying the principles of the Family Law Act 1975, the court determined that the child needed an adequate opportunity to develop a relationship with the father. However, to allow the mother time to settle her concerns and build confidence, the court ordered a phased introduction of overnight time and holiday periods.

Consequently, the court ordered that the child live with the mother and have equal shared parental responsibility with the father. A graduated schedule of time spent with the father was established, commencing with limited unsupervised day time and progressively increasing to overnight stays and holiday periods over several months. The orders also included provisions for communication, parental involvement in school and medical matters, and mandatory counselling and therapeutic interventions for both parents to address anxiety, suspiciousness, post-traumatic stress disorder, and parenting skills.