Burridge and Yeats

This matter concerned parenting orders sought by the mother in relation to the parties' two children, B and C. The dispute centred on the appropriate living arrangements for the children and the allocation of parental responsibility, particularly in light of the father's alleged conduct.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility, as provided for in the *Family Law Act 1975* (Cth), should be rebutted, and if so, what parenting orders would be in the best interests of the children. The court was required to determine the extent to which the children should spend time with each parent and how significant decisions regarding their upbringing should be made.

Forrest J found that the presumption of equal shared parental responsibility was rebutted in the best interests of the children. The court reasoned that it was not in the children's best interests for the father to have shared parental responsibility for long-term decisions. Consequently, the mother was granted sole parental responsibility for all major long-term issues concerning the children. The court ordered that the children live with the mother and not spend any time with or communicate with the father, except as otherwise agreed between the parents. Limited provisions were made for the father to send gifts and for the mother to provide annual updates on the children's progress. The Independent Children’s Lawyer was to explain the outcome to the children at her discretion before being discharged.