CLEARY & CLEARY

In the matter of *Cleary & Cleary*, heard by Judge Humphreys, the dispute concerned parenting orders for four subject children, one of whom was 18 years old. The mother sought sole parental responsibility, while the father sought equal shared parental responsibility. The court was required to consider the best interests of the children, including their meaningful relationships with both parents, and to assess various factors under section 60CC of the *Family Law Act 1975* (Cth).

The central legal issues before the court were whether to vary existing parenting orders, and specifically, whether to grant the mother sole parental responsibility or the father equal shared parental responsibility. The court was also required to determine the living arrangements for the children and the nature and extent of the father's time with them, taking into account evidence of family violence.

The court found that the presumption in favour of shared parental responsibility was rebutted due to evidence of family violence. Applying the principles of the *Family Law Act 1975* (Cth), the court determined that it was in the best interests of the children for them to live with the mother and for her to have sole parental responsibility for major long-term decisions. The court also ordered a period of suspended contact between the father and the children, followed by a structured schedule for future time spent together. The court further made orders regarding the exchange of children's belongings, counselling, communication between parents, and restraints on denigrating the other parent.