HANLEY & HANLEY

In the matter of *Hanley & Hanley*, Austin J considered parenting orders concerning two children, H and B. The dispute centred on arrangements for parental responsibility and the time the children would spend with each parent. The parties had agreed to equal shared parental responsibility, and the court found that the children would benefit from maintaining meaningful relationships with both parents, who were willing and able to facilitate these connections. There was no evidence of family violence or child abuse.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility applied, and what arrangements for the children to spend time with each parent were in their best interests. The court also considered the father's request for equal time with the children, weighing it against his work commitments.

Austin J applied the principles of the *Family Law Act 1975* (Cth), noting the presumption of equal shared parental responsibility. This presumption was found to apply given the parties' agreement, their willingness and ability to foster relationships with the other parent, and the absence of any contraindications such as family violence or child abuse. While the children's views were considered, little weight was attributed to them due to their immaturity. The court determined that while equal time was not immediately in the children's best interests due to the father's work commitments impairing his capacity for adequate care and supervision, these commitments were temporary.

The court made orders for equal shared parental responsibility. The children were to live with the father on alternate weekends and alternate weeks during school terms, and for half of each school holiday period, with the arrangements adjusting after the sale of the former matrimonial home. Specific provisions were made for Christmas, Mother's Day, and Father's Day weekends. The court also made orders restraining denigration of either parent and requiring parties to keep each other informed of their contact details. All outstanding applications for parenting orders were dismissed.