CROSBY & CROSBY

In the matter of *Crosby & Crosby*, Judge Brown considered interim parenting orders concerning two children, aged seven and five, amidst high conflict between their parents. The proceedings involved allegations of family violence and the question of whether the presumption of equal shared parental responsibility was appropriate in the circumstances. The court also had to determine the children's primary residence and school for the upcoming academic year, acknowledging the nature of interim hearings and the weight to be given to historical complaints and changed circumstances.

The central legal issues before the court were whether to apply the presumption of equal shared parental responsibility given the high conflict and allegations of family violence, and how to determine the children's interim living arrangements and schooling in their best interests. The court was required to consider the specific circumstances of the case, including the absence of a consensual status quo at the time of separation and the impact of any changed circumstances on the children.

Judge Brown ordered that the children live with the mother and spend time with the father each weekend. Crucially, the court ordered joint parental responsibility for long-term decisions, with a communication book to facilitate the exchange of information regarding the children's day-to-day needs. The mother was authorised to enrol the children at School A for the 2019 academic year. A family report was ordered, to be prepared by a Regulation 7 practitioner, to assist the court in assessing various factors relevant to the children's welfare, including their views, the parties' compliance with court orders, and the matters set out in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*. The court also issued injunctions restraining the parties from denigrating each other in the children's presence and from discussing the proceedings with them. The matter was adjourned for directions and listed for a final hearing.