CJM and LM

This matter concerned an application by the father, CJM, for parenting orders in relation to the parties' two children, aged 10 and 7. The mother, LM, sought orders for the children to live with her and for the father to have limited time with them. The dispute centred on the children's living arrangements and the extent of each parent's involvement in their lives. The application was heard by Justice I R Coleman in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were: (1) what parenting orders would be in the best interests of the children, pursuant to section 61DA of the *Family Law Act 1975* (Cth); and (2) whether the father had established a case for substantial and significant time with the children, as contemplated by section 65DAA of the *Family Law Act 1975* (Cth), given the mother's allegations of family violence.

Justice Coleman considered the evidence presented by both parties, including their respective affidavits and oral testimony. The Court applied the principles of the paramountcy of the child's best interests, with specific consideration given to the factors outlined in section 61DA(2) of the *Family Law Act 1975* (Cth). The Court also had regard to the presumption of equal shared parental responsibility under section 61DA(1) and the exceptions to this presumption, particularly in circumstances involving family violence as defined in section 4(1) of the *Family Law Act 1975* (Cth). The Court found that the mother had not discharged the burden of proving family violence to the requisite standard, and therefore the presumption of equal shared parental responsibility applied.

The Court made orders for the children to live with the father and spend time with the mother. The father was ordered to have substantial and significant time with the children, and the mother was ordered to have time with the children on alternate weekends and during school holidays. The Court also made orders for communication between the parents and for the father to facilitate the mother's time with the children.