SCOTT & SCOTT

In the matter of *Scott & Scott*, Austin J of the Family Court of Australia considered a dispute between the parents regarding parenting orders for their child. The existing interim orders provided for the child to live with the mother and spend time with the father for five nights each fortnight. The mother sought to reduce the father's time to three nights per fortnight, while the father sought orders for equal time on a weekly rotation. The Independent Children’s Lawyer supported the father’s proposal.

The court was required to determine the best interests of the child, considering the relevant provisions of section 60CC of the *Family Law Act 1975* (Cth). This included assessing the child's relationships with both parents, the child's views, and the additional considerations prescribed by the Act. Crucially, the court had to consider allegations of historical family violence made by the mother against the father, and whether these allegations impacted the presumption of equal shared parental responsibility or the child's safety.

Austin J found that the child had meaningful relationships with both parents from which he derived benefit. The court made no findings of family violence and concluded that the evidence did not demonstrate a need to protect the child from harm in the care of either parent. The court considered the child's views and the recommendation of the Family Consultant, who supported an equal time arrangement. Applying the principles of the *Family Law Act*, the court determined that equal time was reasonably practicable and in the child's best interests. The parties also agreed to have equal shared parental responsibility, which the court found to be in the child's best interests.

Consequently, the court ordered that the child live with the parties for equal time on weekly rotations, discharging all former parenting orders. The equal time arrangement was suspended on specific occasions, including Christmas Eve and Boxing Day, and for Mother's Day and Father's Day, with detailed provisions for the child's time with each parent on these days. The court also ordered the parties to have equal shared parental responsibility and directed the Independent Children’s Lawyer to explain the outcome of the parenting dispute to the child.