ZEFERELLI & HOGAN

This case concerned parenting orders for a child, B, born in 2003, where both parents sought sole parental responsibility and for the child to live with them. The applicant mother proposed that the child spend no time with the respondent father, believing this would help the child settle. The court was required to determine the paramount concern of the child's best interests, the weight to be given to the child's views, and whether to rebut the presumption of equal shared parental responsibility.

Forrest J found that while a meaningful relationship with both parents would benefit the child, the child's clearly expressed views against spending time with the mother were of significant weight, given the child's age, maturity, and intelligence. The court was satisfied that rebutting the presumption of equal shared parental responsibility was in the child's best interests. Consequently, the father was granted sole parental responsibility for major long-term issues, with specific procedural requirements for consulting the mother. The child was ordered to live with the father, with liberty to spend time and communicate with the mother as he wished. The mother was permitted to attend certain school and sporting events, subject to the child's approval and specific conditions to manage interactions between the parents. The court also ordered that an expert explain the proceedings and orders to the child. Regarding costs, the court declined to order the father to contribute to the costs of an updated family report obtained by the mother, as its recommendations were consistent with an earlier report and the mother had insisted on its necessity.