Child custody arrangements rebalanced as court emphasises child’s wishes, stability, and shared parenting

The High Court, on appeal from the Circuit Family Court, has ordered that the parents of a young child will share joint custody and guardianship, with the child to reside mainly with her father but also to spend substantial time, including the majority of holidays, with her mother. The original Circuit Family Court order, which would have moved the child’s school and primary residence to her mother’s location, was set aside. The judge found both parents to be loving and capable, but emphasised the child’s strong attachment to her father, current school, and established community, noting the child’s preference to remain in her familiar environment. The Court was critical of both parties’ adversarial approach, and noted delays and earlier restricted access had been detrimental to the child. Ultimately, the Court determined that the arrangements provided the most stability and best reflected the child’s welfare and expressed wishes, while permitting ongoing review if circumstances require change.