HALBROOK & MUNSEN

This case involved a dispute between a mother and father concerning parental responsibility and care arrangements for their two children, X (born 2009) and Y (born 2011). The court was required to determine these matters in accordance with the best interests of the children, considering allegations of family violence. The court also considered the rule in *Jones v Dunkel* in relation to the failure of the mother to call her partner as a witness.

The primary legal issues before the court were how to best promote the benefit to the children of having a meaningful relationship with both parents, and how to allocate parental responsibility and care arrangements in light of the evidence presented, including allegations of family violence. The court also had to determine whether the unexplained failure of the mother to call her partner as a witness could lead to an adverse inference against her case.

The court applied section 60CC of the relevant Act, which outlines the considerations for determining a child's best interests, with a primary focus on the benefit of a meaningful relationship with both parents. The court found, based on two family reports and its own observations of the parents' interactions with the children, that both parents were capable of fostering such a relationship. Despite allegations of family violence made by the mother, the court drew an inference, pursuant to the rule in *Jones v Dunkel*, that the mother's partner's evidence would not have assisted her case, lending weight to the father's evidence. The court noted an improvement in the parents' communication, particularly through the use of a communication app, but found that they had not yet reached a stage of easy face-to-face or telephone communication necessary for an equal time arrangement.

Consequently, the court ordered that the mother and father have equal shared parental responsibility for the children, requiring them to consult on significant decisions. The children were ordered to live with the mother and spend time with the father each alternate week from Wednesday after school until Monday morning. Specific arrangements were also made for school holidays, birthdays, changeovers, communication between parents, and overseas travel, with orders also made for parents to complete a parenting program and refrain from excessive alcohol consumption while the children are in their care.