Watson and Peterson

This case involved an application concerning the child B Peterson-Watson, born in 2000, between the applicant mother, Ms Watson, and the respondent father, Mr Peterson. The dispute centred on whether parental responsibility should be shared or vested solely with the mother, and the nature and extent of the child's time and communication with the father. The matter was heard in the Family Court of Australia in Melbourne by Bennett J.

The court was required to determine the best interests of the child, particularly in light of the child's previous exposure to family violence, including animal cruelty, pornography, and conflict between adults. A key issue was the weight to be given to the views of the 13-year-old child. The court also had to consider the father's history of smacking the child, which resulted in bruising, and the father's proposals for a significant progression of time with the child.

The court's reasoning was guided by the paramount consideration of the child's best interests, as well as the principles of the Less Adversarial Trial provisions of the *Family Law Act 1975* (Cth). The court noted the child's exposure to concerning material and behaviour in the father's care, and the incident of physical discipline. The court also gave significant weight to the views of the 13-year-old child. The court found that the mother should have sole parental responsibility, with specific provisions for the father to be advised of and consider decisions regarding the child's long-term care.

The court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for the child, and the child was ordered to live with the mother. The child was to spend time with the father during the day only, in public places and activity-based, with specific arrangements for communication and limited, supervised time. The father was restrained from using corporal punishment, and both parents were ordered to refrain from discussing the proceedings with the child or denigrating each other.