Shilton and Vallier

In *Shilton & Vallier* [2012] FamCA 944, the Family Court of Australia considered parenting orders for B, a 12-year-old child, in proceedings between his parents, Mr Shilton (the applicant father) and Ms Vallier (the respondent mother). The parties had a history of protracted litigation regarding B's upbringing. The court also heard submissions from an Independent Children's Lawyer.

The central issues before the court were whether to disturb the existing shared parental responsibility arrangement and to determine the quantum of time B would spend with his father. The court was required to consider the best interests of the child, including the impact of the parents' acrimonious relationship, allegations of family violence, and the child's capacity for manipulation, as well as the views of the 12-year-old child.

The court noted that while a 12-year-old's wishes would normally carry significant weight, the circumstances were not normal due to the poisonous relationship between the parents and their inability to shield B from their conflict. The court found that B had been exposed to psychological and emotional abuse and was capable of manipulation. Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the child, the court made orders for equal shared parental responsibility.

The final orders stipulated that B would live with his mother and spend substantial time with his father, including alternate weekdays and half of all school holidays, with specific provisions for public holidays and special days. The orders also included provisions for telephone communication and mutual non-denigration, with changeovers to occur at designated safe locations.