TONG & GILL

This case concerned parenting orders for a child, X, born in 2016. The dispute arose from allegations of family violence and questions regarding the father's parenting capacity, made by the mother. The matter was heard by Judge Small.

The court was required to determine the primary considerations under section 60CC(2) of the *Family Law Act 1975* (Cth), namely the benefit to the child of a meaningful relationship with both parents and the need to protect the child from harm. Specifically, the court had to assess the quality of the child's relationships with each parent and consider how any parenting orders could protect the child from parental conflict and specific risks.

The court reasoned that a "meaningful relationship" is qualitative rather than quantitative, focusing on the importance, significance, and value of the relationship to the child, and the parent's role as a positive role model. While acknowledging that X had a meaningful relationship with both parents, the court found that if the mother's allegations of the father's behaviour were true, he had not provided a positive role model. The court identified the parental conflict, including allegations of family violence and capacity issues, as a major risk factor for the child and stated that any orders must protect X from this conflict and any specific risks in the father's care.

The court discharged all previous parenting orders, including a Watch List Order. It made orders for the mother to have sole parental responsibility, with specific communication protocols for the father regarding decisions about the child's care. The child was ordered to live with the mother, and detailed provisions were made for the child to spend time and communicate with the father, with a phased increase in the duration and frequency of these arrangements as the child aged, and specific provisions for holidays and special days. The court also made injunctions restraining the parties from denigrating each other in the child's presence, discussing proceedings with the child, and from removing the child from Australia or obtaining a passport for her until a specified date, unless by agreement.