ZAVALA & ZAVALA

In the matter of ZAVALA & ZAVALA, Judge McGuire considered parenting orders concerning a child born in 2013. The dispute involved the arrangements for the child's time with each parent, with a central consideration being the risk of family violence and the potential for equal time arrangements.

The court was required to determine whether to discharge existing parenting orders and, if so, what new orders should be made regarding parental responsibility, the child's living arrangements, and the time the child would spend with each parent. A key issue was how to balance the principle of equal shared parental responsibility with the need to protect the child from any unacceptable risk, particularly in the context of family violence.

Judge McGuire reasoned that the existing orders were no longer appropriate and discharged them. The court then made orders for equal shared parental responsibility, with the child to live with the father. Specific provisions were made for the child to spend time and communicate with the mother, including weekend time, school holiday arrangements, and communication by telephone or other media. The court also imposed a restraint on both parents from denigrating the other parent in the presence of the child.