CALLENDAR & DAVENPORT

In the Family Court of Australia, Justice Burr considered interim parenting orders in proceedings between Callendar and Davenport concerning their child, C. The dispute involved allegations of sexual abuse by the father and concerns regarding the mother's potential emotional abuse and mental health.

The court was required to determine whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) had been rebutted, and to make interim orders regarding the child's living arrangements and time spent with each parent, considering the child's best interests. The court also addressed an application for an injunction to restrain the mother from permitting the child to attend further counselling sessions.

Justice Burr found that the allegations of sexual or physical abuse by the father were not satisfied, leading to the conclusion that the presumption of equal shared parental responsibility was not rebutted. However, in light of concerns about the mother's mental health and potential emotional abuse, the court ordered that the child live with the mother and spend time with the father on alternate weekends. The court also granted an injunction restraining the mother from engaging the child in therapy or counselling without further order and from discussing the proceedings with or in the presence of the child. All previous parenting orders were discharged, and the matter was adjourned for further consideration, with directions for updated reports from a psychologist and a Family Report, as well as a psychiatric assessment of the mother.