COMELLA & LYMON

In the matter of *Comella & Lymon*, heard before Judge Cole, the dispute concerned parenting arrangements for a child, X, born in 2012. The court was required to determine whether to continue with existing orders, specifically addressing the presumption of equal shared parental responsibility and the impact of changes in arrangements on the child's living situation and time with each parent.

The court was tasked with deciding the primary residence of the child, the allocation of parental responsibility, and the specific time the child would spend with each parent. A key issue was whether the presumption of equal shared parental responsibility, as provided for under the *Family Law Act 1975* (Cth), should apply, given the circumstances and any changes in the family's situation. The court also needed to establish detailed provisions for communication, decision-making regarding long-term issues, and the practicalities of handover arrangements and holiday periods.

Judge Cole discharged the previous orders and made new orders that the child, X, would live with the mother. The mother was granted sole parental responsibility, subject to specific conditions requiring her to consult and negotiate with the father in writing regarding long-term issues, making a genuine effort to reach a joint decision within fourteen days, and then making the final decision if no agreement was reached. The orders then set out an extensive schedule for the child to spend time with the father, including during school terms, holidays, and specific days such as birthdays and Christmas, with detailed provisions for handovers, communication, and compliance with dietary and medical requirements. The Independent Children's Lawyer was discharged, and the proceedings were otherwise dismissed.