TAVARES & TAVARES

This matter concerned interim arrangements for the care of a 12-year-old child. The father alleged the mother's parenting capacity was compromised by alcohol abuse and mental illness, while the mother alleged the father lacked insight and had neglected the child, further alleging exposure to family violence. Each party asserted they had been the child's primary carer. The court was required to determine the nature of the interim hearing, considering the best interests of the child, the presumption of equal shared parental responsibility, and the appropriateness of an equal time regime.

Judge Brown considered the allegations made by each party, noting the lack of evidence regarding the child's views at this interim stage. The court applied the principles of the *Family Law Act 1975* (Cth), including the paramount consideration of the child's best interests and the presumption of equal shared parental responsibility. The court also considered the practicalities of implementing an equal time regime given the circumstances.

The court made orders for equal shared parental responsibility and an equal time arrangement for the child to live with each parent on a weekly basis during school terms. Further orders provided for weekday evening time and time on the child's birthday with the parent with whom she was not living. Crucially, the parties were restrained from abusing or denigrating each other in the child's presence or discussing the proceedings with the child. Consent orders were made regarding school holiday arrangements, and the parties were directed to attend family dispute resolution and a conciliation conference. The applicant was also ordered to file an amended application regarding property orders and to exchange discovery and valuations. The matter was adjourned for further consideration.