ATANAS & GREER

In the matter of ATANAS & GREER, Cleary J of the Family Court of Australia determined issues of parental responsibility and costs between the parties. The dispute concerned the parenting arrangements for two children, B and C, following a three-day hearing where many aspects of the parties' dispute had been resolved, leaving only the question of parental responsibility outstanding. The court noted that the children had been exposed to family violence on at least one occasion.

The primary legal issue before the court was whether the presumption of equal shared parental responsibility applied, given the parties' current relationship and the history of family violence. The court was also required to determine the appropriate orders regarding the children's welfare and the costs associated with the Independent Children's Lawyer.

Cleary J found that the state of the parties’ current relationship rebutted the presumption of equal shared parental responsibility. Consequently, the mother was ordered to have sole parental responsibility for the children. However, this was qualified by detailed reporting and consultation requirements, mandating that the mother genuinely consider the father's views and proposals before making any decisions on long-term issues, and to promptly advise him in writing of any decision taken. The court also made orders regarding communication between the parties, restraining them from contacting each other except for purposes related to the children's welfare or compliance with the orders, and from posting derogatory remarks on social media.

In relation to costs, the court ordered that the mother contribute 25% of the Independent Children's Lawyer's costs, amounting to $2,230.00, to be paid within 12 months, noting that the father had borne the cost of a single expert report.