Swann and Burt

In Swann and Burt, Stevenson J considered parenting orders for a child born in August 2002. The dispute concerned the living arrangements and time spent between the child and each parent, as well as the practicalities of schooling and travel.

The court was required to determine the best interests of the child in accordance with section 60CC of the Family Law Act 1975 (Cth). Specifically, the court had to consider the likely adverse effect on the child of any changes in her circumstances, including separation from either parent, and the practical difficulties and expense associated with the child spending time with and communicating with each parent, particularly given the distance between their residences.

Stevenson J reasoned that a significant reduction in the child's time with either parent would likely cause sadness and a sense of loss, and therefore, a regime of roughly equal time was in the child's best interests. The court noted the father's critical stance towards the mother, suggesting it could negatively impact the child's relationship with her mother if the father were the primary caregiver. The court also considered the practical challenges posed by the 52-kilometre distance between the parents' homes and the parents' work commitments. The mother's willingness to undertake significant travel to facilitate the child's schooling and maintain time with both parents was acknowledged.

The court ordered the discharge of all existing parenting orders. Pending further order, the child was to live with the mother and father on a substantially equal time basis, with specific arrangements for weekdays, weekends, holidays, and special days. The court also ordered that the child be enrolled at L Public School, with specific arrangements for transportation to and from school, and that the father pay the mother $80 per fortnight towards her travel expenses. The orders also included particulars regarding obligations, consequences of contravention, and assistance for compliance.