ASTARITA & COTTON

In the matter of *Astarita & Cotton*, Austin J of the Family Court of Australia considered the parenting arrangements for two young children, L and N. The dispute concerned the children's living arrangements, time spent with each parent, and parental responsibility, despite a finding of previous family violence which rendered the usual presumption of equal shared parental responsibility inapplicable. The court also addressed the disclosure of the father's paternity on the children's birth certificates.

The court was required to determine the best interests of the children, specifically with whom they should live and spend time, and whether the parents should have equal shared parental responsibility. A further issue was the amendment of the children's birth certificates to include the father's paternity.

Austin J ordered that the mother and father would have equal shared parental responsibility for the children, who would live with the mother. The father was to spend substantial and significant time with the children, with the quantum of time increasing as the children aged, acknowledging that the children were too young to express their views. The court considered the desirability of the children retaining residence with their half-siblings and fostering their relationships with both maternal and paternal extended families. The father was ordered to take all reasonable steps to ensure the father's paternity was disclosed on fresh birth certificates for the children.