Balcon and Brett

This case involved a mother's application to review interim parenting orders concerning her two children, A and F. The dispute centred on the appropriate parenting arrangements following the parties' separation, with particular focus on the children's living arrangements, the extent of each parent's involvement, and allegations of family violence and alcohol abuse. The matter was heard in the Family Court of Australia.

The court was required to determine the paramount consideration of the children's best interests, as outlined in section 60CA of the *Family Law Act 1975* (Cth). This involved assessing the primary considerations of the benefit of a meaningful relationship with both parents and the need to protect the children from harm, as well as various additional considerations under section 60CC. Specifically, the court had to consider whether the presumption of equal shared parental responsibility applied, and if not, what parenting orders would best serve the children's welfare, including arrangements for time spent with each parent and the division of parental responsibility.

Justice Ryan found that the presumption of equal shared parental responsibility did not apply due to the inability to determine the central issue of whether family violence had occurred on the night of separation. However, the court was satisfied that shared parental responsibility was in the children's best interests, given their existing relationships with both parents and the parents' capacity to cooperate. The court applied the principles from *Goode v Goode* (2006) FLC 93-286, emphasising that the children's best interests are paramount. After considering the various factors, including the children's attachment to their primary carer (the mother) and the importance of preserving their relationship with their father, the court determined that substantial and significant time with the father, rather than equal time, struck the appropriate balance. The court also made orders regarding the children's schooling, communication between parents, and restrictions on alcohol consumption by the mother when the children are in her care.