GAHEN & GAHEN

In the matter of *Gahen & Gahen*, Justice Austin of the Family Court of Australia considered applications concerning the parental responsibility and time arrangements for the child, N Gahen. The proceedings involved allegations of sexual abuse by the father and his partner's father, which were not substantiated. The court's primary focus was to determine the appropriate arrangements for the child, balancing the presumption of equal shared parental responsibility with the need to ensure the child's safety and well-being.

The legal issues before the court included whether the presumption of equal shared parental responsibility applied, how the child's time should be divided between the parents, and whether there was an unacceptable risk of harm to the child in spending time with the father. Additionally, the court was required to address specific concerns raised by the mother regarding the child's confusion about his surname, who to address as "Dad," and the impact of the mother's new marriage. The court also considered the need for injunctions to manage the child's contact with the partner's father and to regulate the use of parental titles and surnames.

Justice Austin found that the presumption of equal shared parental responsibility applied and that the child should live with the mother. The court determined that there was no unacceptable risk for the child to spend unsupervised time with the father. To facilitate the child's adaptation to increased time with the father, an injunction was imposed restraining the father from allowing the child contact with his partner's father for an initial period of approximately three months. Furthermore, orders were made to ensure the child used only the father's surname and to restrict the use of the terms "Dad" and "Mum" to the biological parents, aiming to abate the child's confusion.

The court discharged all former orders and made detailed orders regarding the child's living arrangements and time spent with each parent, with a phased increase in time with the father over the following year. Specific provisions were made for school holidays, Christmas, Mother's Day, and Father's Day. The orders also included requirements for both parents to participate in post-separation parenting programs and restrained them from denigrating each other in the child's presence. Costs were reserved, and all outstanding applications were dismissed.