GINGHAM & GINGHAM

In the matter of Gingham & Gingham, Murphy J of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for the child X. The proceedings involved applications by the mother regarding spending time with the child and schooling arrangements, which were largely dismissed. The father had previously given an undertaking not to denigrate the mother in the child's presence.

The court was required to determine whether the presumption of equal shared parental responsibility under the *Family Law Act 1975* (Cth) was rebutted in the child's best interests. It also had to consider the mother's applications for spending time with the child and for specific schooling arrangements, as well as the father's responsibilities regarding major long-term decisions and day-to-day issues.

Murphy J found that the presumption of equal shared parental responsibility was rebutted, declaring that the father should have sole parental responsibility for major long-term issues, subject to specific procedural requirements for consulting the mother. The father was also granted sole parental responsibility for all other issues. The child was ordered to live with the father, and the mother's applications concerning schooling were dismissed. The court also made detailed orders regarding communication between the child and the mother, the provision of school reports and photos to the mother, and the father's notification of future schooling intentions. The final trial was adjourned for further hearing, and a family consultant was appointed under s 65L of the Act to supervise compliance with the parenting orders and provide assistance to the parties.