VALENTINO & VALENTINO

In *Valentino & Valentino*, the father applied to the Federal Circuit Court of Australia for variation of previous parenting orders concerning the parties' youngest child. The previous orders stipulated that the child live with the mother and spend time with the father. The father sought orders for the child to live with him, spend time with the mother by agreement, and for him to have sole parental responsibility for medical decisions. The application was undefended, with the mother having not sought contact with the child for six months since the child commenced living with the father.

The court was required to determine whether to vary the existing parenting orders to reflect the current living arrangements and the father's proposed responsibilities. Specifically, the court needed to consider the best interests of the child in light of the significant change in living arrangements and the mother's lack of engagement. Additionally, the court was asked to vary child support obligations to nil, given the child was living with the father.

Johns J considered the father's application and the evidence presented, including the fact that the youngest child had been living with the father for six months without the mother seeking contact. The court noted that the father had been solely responsible for the child's care during this period, attending to all her needs. The judge found that the father had demonstrated the capacity to provide for the child's physical, intellectual, and emotional needs and that the mother's withdrawal from the child's life indicated a lack of insight into the child's needs. The court also considered the practicalities of communication and contact, noting that the only impediment was the mother's election to sever communication.

The court made final orders reflecting the father's application. These orders stipulated that the youngest child live with the father and spend time with the mother by agreement, with specific notice requirements for the mother to arrange contact. The father was granted sole parental responsibility for the child's health decisions, with a requirement to consult the mother prior to making non-emergency decisions. Child support obligations payable by the father were varied to nil.