COLINSON & COLINSON

In this matter before Dawe J, the court considered final parenting orders concerning the children M and J. The dispute involved allegations of sexual abuse by the mother against the father and physical abuse by the father against the children. The court also had to assess the mother's capacity to meet the children's needs, particularly their emotional and intellectual development, against the backdrop of a long and complex history and a poor parental relationship.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) had been rebutted, and with whom the children should live, considering their best interests. The court was required to determine if the allegations of abuse were substantiated and to weigh the detrimental effect of the household environment on the children's wellbeing.

Dawe J found that the presumption of equal shared parental responsibility was rebutted, concluding that it was not in the children's best interests for the parties to share it, given their poor relationship and the circumstances. The court accepted evidence that the mother's household environment was having a detrimental effect on the children. While the mother's allegations of abuse against the father were not established, the court's assessment of the children's best interests led to specific orders regarding their living arrangements and parental responsibility.

Consequently, all previous parenting orders were discharged. The father was granted sole parental responsibility for the children, and they were ordered to live with him. The mother was granted specific time with the children, with detailed provisions for school terms, holidays, and significant dates. The orders also included provisions for information sharing regarding the children's health and education, restrictions on certain video games, and a directive for both parents to refrain from making derogatory remarks about the other in the children's presence.