Hallinan & Wallstone

In the matter of *Hallinan & Wallstone*, heard before Judge McNab, the applicant father sought final parenting orders concerning the parties' two children, X and Y. The dispute centred on the appropriate parenting arrangements, including the level of parental responsibility and the nature and extent of the mother's time with the children.

The court was required to determine whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) applied, and if not, what parenting orders would be in the best interests of the children. This involved considering the factors outlined in section 60CC of the Act, including the children's best interests as the paramount consideration.

Judge McNab found that the presumption of equal shared parental responsibility was displaced. The court's reasoning was informed by the mother's longstanding mental health issues, including difficulties with social interaction and self-management, her inability to co-parent effectively with the father and his family, her historical and continued drug use, and her unstable housing situation. These factors, considered in light of the children's best interests, led the court to conclude that the father should have sole parental responsibility.

The court ordered that the applicant father have sole parental responsibility for the day-to-day care of the children, that the children live with the father, and that the mother spend supervised time with the children on specified occasions. The orders also included injunctions restraining both parties from consuming alcohol or drugs above a certain blood alcohol content prior to and during time with the children, and from engaging in various forms of detrimental conduct towards the children or the other parent. The parties were also ordered to engage in mediation for dispute resolution.