ZACKARY & RABASSA (No.3)

In ZACKARY & RABASSA (No.3), Judge Harland of the Family Court of Australia considered competing applications for the residence of a child, X, born in 2016. The dispute arose from the mother's repeated allegations that X was unsafe in his father's care, raising issues concerning the parents' respective parenting capacities and the risk of psychological harm to the child. A central consideration for the court was determining which parent could best facilitate X's relationship with the other parent.

The court was required to determine the primary residence of X and the nature and extent of the time X would spend with each parent. This involved assessing the allegations made by the mother regarding the father's parenting and the potential psychological harm to X, as well as considering the capacity of each parent to promote X's relationship with the other. The court also had to address the practical arrangements for X's time with each parent, including supervision and geographical considerations, and make orders for therapeutic intervention to address parenting issues and co-parenting.

Judge Harland discharged all previous parenting orders. The court ordered that the father have sole parental responsibility for X, subject to specific consultation requirements with the mother regarding significant decisions. X was ordered to live with the father, with detailed provisions for X to spend time with the mother, commencing with supervised contact and progressively increasing to unsupervised time, including alternate weekends and significant portions of school holidays. The orders also stipulated conditions regarding the mother's proximity to X's school for certain time arrangements and specified locations for changeovers. Furthermore, the court mandated that both parents attend therapy to address parenting and co-parenting issues, with the mother also to attend counselling to support X's relationship with his father. The Independent Children's Lawyer was discharged, and the father's contravention applications were withdrawn and dismissed with a right of reinstatement.