FALLS & PATSON

The case of *Falls & Patson* concerned a dispute between parents regarding parenting orders for their two children, X and Y. The father sought a reversal of the children's residence from the mother to himself, while the mother sought to maintain the existing arrangement where the children lived with her and spent substantial time with the father. The Independent Children's Lawyer supported the father's application. Allegations of sexual abuse, family violence, and neglect against the mother were either unsubstantiated or abandoned during proceedings.

The court was required to determine with whom the children should live and spend time, and the nature of parental responsibility. Key issues included assessing the children's best interests, considering their views, the alleged impairment of the mother's parenting capacity due to her inability to support the children's relationships with the father, and whether the presumption of equal shared parental responsibility applied. The court also had to consider the impact of family violence and the children's expressed wishes to continue living with their mother while spending more time with their father.

Austin J found that while the children had meaningful relationships with both parents and wished to retain their residence with the mother and increase time with the father, considerable weight was attributed to their ages and views. The court noted that the father and his partner were not readily available as primary carers. Despite the mother's submission that she would comply with court orders, the court determined that an order for equal shared parental responsibility would not be in the children's best interests, implicitly accepting that the residential parent should have sole parental responsibility.

Consequently, the court ordered that the children live with the mother and that she have sole parental responsibility. The father was granted specific, substantial time with the children, including alternate weekends, mid-week time during school terms, and extended periods during holidays and on Father's Day and Christmas. The court also imposed restrictions on the father regarding the company of certain individuals and restrained both parents from denigrating each other in the children's presence.