FEWSTER & HYDE

In FEWSTER & HYDE, heard before Tree J, the dispute concerned parenting orders for three children. The mother had ceased spending time with the children, and the court was required to determine the appropriate parenting arrangements and the standard of proof applicable to allegations of family violence.

The court was tasked with determining whether the presumption of equal shared parental responsibility, as provided for in section 61DA of the *Family Law Act 1975* (Cth), was rebutted. This involved assessing whether there was an unacceptable risk of family violence, and if so, what weight should be given to the best interests of the children under sections 60B and 60CC of the Act.

Tree J found that the mother's cessation of contact with the children, coupled with the circumstances giving rise to the proceedings, indicated an unacceptable risk of family violence. Consequently, the presumption of equal shared parental responsibility was rebutted. The court attached greater weight to the considerations under section 60B of the Act, focusing on the children's right to safety and protection from harm.

The court ordered that the father have sole parental responsibility for the children and that the children live with him. The mother's time with the children was to be as agreed between the parties, otherwise reserved, with liberty to apply on 42 days' notice. The mother was permitted to communicate with the children via letters, gifts, and cards, subject to the father's discretion. Further orders were made regarding communication, disclosure of information, and restraints on parental conduct, including prohibitions on illicit substance use and denigration of the other parent.