Thorsen and Carvan

This case involved parenting orders concerning a child, [X], born in 2006, between the child's mother, Ms. Thorsen, and the child's father, Mr. Carvan. The dispute centred on the arrangements for [X]'s time with each parent, particularly regarding overnight stays and the father's involvement in long-term decisions. The matter was heard by Judge Small.

The court was required to determine the best interests of the child, [X], in relation to parenting arrangements. Specifically, the court had to consider the child's expressed wishes regarding overnight time with his father, the nature of the relationships between [X] and each parent, and the differing parenting styles and communication issues between the parents. The court also had to address the father's desire for increased time with [X], including overnight stays, and the mother's concerns and the child's reluctance.

Judge Small applied the principles outlined in Part VII of the *Family Law Act 1975* (Cth), focusing on the objects and principles that ensure a child's best interests are met. The court acknowledged [X]'s age and his clearly expressed wish not to spend overnight time with his father, noting that his views, while not determinative, were significant and required respect. The court found that [X] had a close and supportive relationship with his mother, and while the father had a comfortable relationship with [X], differing parenting styles and communication breakdowns between the parents were major factors. The court ordered equal shared parental responsibility for major long-term decisions, that [X] live with his mother, and established a schedule for [X] to spend time with his father, including alternate weekends and specific communication methods. Crucially, the court made provisions for the progression to overnight time to be governed by [X]'s wishes and for counselling for both parents to address anxiety and improve their relationship. Injunctions were also granted to prevent denigration of either parent and to protect the child from discussions about the proceedings.