Townsend and Brookbank

This case concerned an appeal by the mother against interim parenting orders made by the Local Court. The parties, Ms Townsend (the mother) and Mr Brookbank (the father), had a child born in November 2005. The dispute centred on the appropriate interim arrangements for the child's care and time spent with each parent following their separation in February 2006. The mother sought to appeal the interim orders made on 20 February 2007, which she contended did not reflect the status quo and were not in the child's best interests.

The court was required to determine the interim parenting arrangements for the child, considering the paramountcy of the child's best interests. This involved assessing the primary considerations under section 60CC(2) of the *Family Law Act 1975* (Cth), namely the benefit of a meaningful relationship with both parents and the need to protect the child from harm. The court also had to consider the thirteen additional considerations outlined in section 60CC(3), including the nature of the child's relationship with each parent, each parent's willingness and ability to facilitate a relationship with the other parent, and the capacity of each parent to provide for the child's needs. The court also had to consider the presumption of equal shared parental responsibility under section 61DA and whether it applied or should be rebutted in the interim circumstances.

Justice O'Ryan found that while the presumption of equal shared parental responsibility applied, it would not be appropriate to apply it in the interim given the child's young age, the separation from the primary carer, and issues regarding the father's capacity for extended care. The court determined that it was in the child's best interests to primarily live with the mother until the final hearing, but also that the child should spend time with the father each week, including some overnight periods, consistent with arrangements in 2006. The father was ordered not to engage in employment during periods the child spent time with him. The court discharged the previous interim orders and made new orders reflecting these findings, including specific provisions for the child's time with the father and communication between the parents.