Collery and Collery

In the matter of *Collery and Collery*, heard by Murphy J, the dispute concerned parenting orders for two children, T and Z. The previous orders were discharged, and the court was required to determine the parental responsibility for the children and their living arrangements.

The central legal issue before the court was whether the presumption of equal shared parental responsibility, as stipulated by the *Family Law Act 1975* (Cth), was rebutted in the best interests of the children. The court also had to consider the children's wishes regarding spending time and communicating with their father, and the appropriate orders for their residence and contact.

Murphy J found that the presumption of equal shared parental responsibility was rebutted in the best interests of the children. Consequently, there was no order as to parental responsibility. The court ordered that the children live with the mother and spend time and communicate with their father in accordance with the children's wishes. The mother was also directed to permit the children to email or telephone their father at any time they desired. All extant applications were dismissed, subpoenaed documents and exhibits were to be returned, and the Independent Children’s Lawyer was discharged. The orders also included a Fact Sheet detailing obligations, consequences of contravention, and assistance for compliance.