ADAMSON & FORST

In the matter of *Adamson & Forst*, heard by Cleary J, the dispute concerned the living arrangements and parental responsibility for a child born in 2009. The court was required to determine with whom the child should live and spend time, and the nature of parental responsibility, in circumstances where the child had a meaningful relationship with both parents, but the mother experienced significant difficulty prioritising the child's needs. The child expressed a wish to live with the father, who demonstrated a better understanding of the child's emotional and developmental requirements.

The legal issues before the court included whether the presumption of equal shared parental responsibility should be rebutted, given the parties' history of family violence and their inability to communicate and consult effectively on parenting matters. The court also had to determine the best interests of the child in relation to living arrangements and the allocation of sole parental responsibility to one parent, with specific provisions for consultation on long-term issues.

Cleary J reasoned that the presumption of equal shared parental responsibility was rebutted due to the family violence and communication breakdown between the parties. Applying the principles of the *Family Law Act 1975* (Cth), the court found that it was in the child's best interests to live with the father, who was granted sole parental responsibility. However, the father was ordered to consult with the mother in writing on long-term issues, such as education, medical treatment, and religious instruction, and to take her proposals into account before making a final decision. The court also made detailed orders regarding the child's schooling, medical care, and time spent with the mother, aiming to ensure the child's continued development and well-being.

The court ordered that the child live with the father and spend substantial and significant time with the mother, with specific arrangements outlined for weekends, school holidays, and Christmas. The father was granted sole parental responsibility, with provisions for consultation with the mother on long-term decisions. The orders also included restraints on denigrating the other parent and discussing past allegations in the child's presence, and mandated counselling for both parents and the child to address the impact of family violence.