Baker & Parker-Lesley

In the matter of *Baker & Parker-Lesley*, Dawe J considered a dispute concerning parental responsibility for a child. The primary issue before the court was whether the presumption of equal shared parental responsibility, as stipulated by section 61DA(4) of the *Family Law Act 1975* (Cth), should be rebutted on the grounds that it was not in the child's best interests.

The court was required to determine if the presumption of equal shared parental responsibility was rebutted, and consequently, whether the mother should be granted sole parental responsibility. Additionally, the court needed to consider what orders, if any, should be made regarding the father's access to information about the child's health and schooling, and to address financial disclosure and enforcement of a costs order.

Dawe J reasoned that the presumption of equal shared parental responsibility was rebutted, finding that it was not in the child's best interests for the parties to share this responsibility equally. Consequently, the court ordered that the mother have sole parental responsibility for the child. The court also made specific orders requiring the mother to provide the father with advance written notice of any intention to change the child's school, and to inform him of any serious illness or accident suffered by the child, authorising medical practitioners to discuss the child's health with the father. Further orders directed the father to ensure the mother always had his contact telephone numbers and to continue supplying his current address for school reports. The court also discharged the Independent Children's Lawyer and made directions for the father to file and serve a financial statement and PAYG statements, and for the mother to indicate what enforcement order she was seeking. The enforcement of a costs order was adjourned for further consideration.