BARLOW & SELLERS

In this matter before Berman J, the parties, the mother and the father, were in dispute regarding the parenting arrangements for their two children. The mother sought sole parental responsibility and that the children live with her, while the father sought equal shared parental responsibility and that the children live with him. The proceedings were complicated by historical, unsubstantiated allegations of physical and sexual abuse made by the mother, from which she had since resiled.

The court was required to determine several key legal issues. These included whether the mother posed an emotional risk to the children, the weight to be given to a Family Assessment Report and the recommendations of the family consultant, and ultimately, what parenting orders would best serve the children's welfare and best interests. The court also had to consider the meaning of a "meaningful relationship" in the context of the children's significant healthcare requirements and the father's engagement with their health practitioners, as well as the mother's role in supporting the father's relationship with the children.

Berman J applied the paramount consideration of the children's welfare and best interests, as established in section 60D of the relevant Act and affirmed in cases such as *M v M*. The court acknowledged that while unsubstantiated allegations of abuse are relevant, the ultimate focus remains on the child's best interests, not solely on resolving the allegations. The court found that equal time was not practical due to the children's healthcare needs, but that the children should spend significant and substantial time with the father. The court also noted the father's lack of engagement with the children's health practitioners and the mother's failure to support the father's relationship with the children.

The court ordered that the parties have equal shared parental responsibility for the children. The children were to live with the father for an initial period of 28 days, after which they would live with the mother. Specific provisions were made for the children to spend time with the father, including alternate weekends, half of school holidays, and specific arrangements for public holidays and birthdays. The orders also included provisions for communication between the parties, school enrolment, and injunctions restraining physical discipline, denigration of the other parent, and certain social media activity. The court also directed the mother to provide the father with contact details for the children's health professionals to facilitate his understanding of their needs.