B & K

The Full Court of the Family Court of Australia considered an appeal concerning parenting orders in a dispute between B and K. The primary issue revolved around the appropriate parenting arrangements for the parties' child, with a particular focus on the implications of domestic violence on shared residency.

The court was required to determine whether the trial judge had erred in exercising their discretion by making orders for shared parental responsibility and significant time with both parents, despite findings of domestic violence. Specifically, the appeal questioned whether the trial judge had adequately considered the safety and well-being of the child in light of these findings and whether the presumption of equal shared parental responsibility had been displaced.

The Full Court analysed the relevant provisions of the *Family Law Act 1975* (Cth), particularly sections 61DA and 68B, which deal with the presumption of equal shared parental responsibility and the paramount consideration of the child's best interests. The court affirmed that while the presumption of equal shared parental responsibility applies, it can be displaced if it is not in the best interests of the child, which includes considerations of the child's safety and the need to protect them from harm. The court found that the trial judge had properly considered all relevant factors, including the domestic violence, and had not erred in their exercise of discretion.

The appeal was dismissed, and the parenting orders made by the trial judge were affirmed.