Wang and Jong

This matter concerned parenting orders for a child, Z, born in September 2005, between the child's mother and father. The dispute involved the terms of the child's living arrangements, parental responsibility for long-term decisions, and the father's time with the child. The case was heard by Rose J.

The court was required to determine the best interests of the child, Z, as the paramount consideration in making parenting orders, in accordance with sections 60CA and 65AA of the *Family Law Act 1975* (Cth). This involved considering the matters outlined in sections 60CC(2) and 60CC(3) of the Act, as well as the objects and underlying principles of Part VII of the Act, including the benefit to children of meaningful involvement with both parents, protection from harm, and ensuring adequate parenting. The court also had to consider the presumption of equal shared parental responsibility under section 61DA(1) and whether it was rebutted by evidence of abuse or family violence, or if it would otherwise not be in the child's best interests.

Rose J applied the principles of the *Family Law Act 1975* (Cth), emphasising that the best interests of the child are paramount. The court considered the objects of Part VII of the Act, which include the benefit of children having a meaningful relationship with both parents, protection from harm, and receiving adequate parenting. The presumption of equal shared parental responsibility was considered, but the court was required to determine if it was rebutted due to concerns about abuse or family violence, or if it would not be in the child's best interests.

The court made detailed orders regarding the child's living arrangements, with Z to live with the mother. The mother was granted sole parental responsibility for major long-term issues concerning the child's education, religious and cultural upbringing, health, name, and significant changes to living arrangements, with a requirement to consult the father. The father's time with the child was progressively increased, commencing with supervised contact and moving towards unsupervised overnight stays, subject to the father attending counselling and obtaining a report addressing anger management, emotional regulation, and his understanding of the impact of conflict and aggressive behaviour on the child. Both parents were ordered to attend a Parenting After Separation course, and specific communication protocols and restrictions on denigrating the other parent were put in place. The court also made orders to prevent the child's removal from Australia and to facilitate communication between the child and both parents.