DARROW & LANDON

In the matter of *Darrow & Landon*, Justice Austin of the Family Court of Australia considered the best interests of three children, J Landon-Darrow, L Landon, and E Landon. The dispute concerned their living arrangements and parental responsibility, with allegations of family violence and drug use impacting the parents' capacity to care for the children. The court also addressed the father's psychological disorder and the significant estrangement between the children and the father, who had not seen or spoken to them for six months.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility applied, given the evidence of family violence between the parties, and how to best promote the children's welfare and best interests. The court was required to determine the appropriate allocation of parental responsibility, the children's primary residence, and the extent and nature of the children's time with each parent, considering the communication breakdown between the parents and the risks identified.

Justice Austin determined that the presumption of equal shared parental responsibility did not apply because both parties had perpetrated family violence against each other, and they were incapable of civil communication. Applying the principles of the *Family Law Act 1975* (Cth), the court found that the children's best interests were served by the mother having sole parental responsibility and the children living with her. The court also ordered a graduated increase in the duration of the children's time with the father, commencing with supervised visits and progressing to unsupervised time, to facilitate their re-establishing a relationship. The court further made orders regarding the children's surname, ensuring their paternity was registered and their surname was recorded as "Landon-Darrow".