Harris and Bradley & Anor

In the matter of *Harris and Bradley & Anor*, heard before Dawe J, the dispute concerned the living arrangements and parental responsibility for three children. The children had been residing with their maternal grandmother, Ms Harris, for approximately five years. The proceedings involved concerns regarding the parents' capacity to parent, and the court was tasked with determining where the children should live and who should hold parental responsibility, with a primary focus on the children's best interests.

The court was required to consider whether the presumption of equal shared parental responsibility, as stipulated in section 61DA of the *Family Law Act 1975* (Cth), had been rebutted. This involved assessing whether it was in the best interests of the children for their parents to retain shared parental responsibility, or if an alternative arrangement was necessary. The court also had to evaluate the impact of any change in the children's current circumstances, given their long-term residence with the grandmother.

Dawe J reasoned that it was not in the best interests of the children for the parents to have parental responsibility. Consequently, the presumption of equal shared parental responsibility was rebutted. The court ordered that the children, J, B, and T, would continue to live with their maternal grandmother, Ms Harris. Furthermore, Ms Harris was granted sole parental responsibility for the children. The Independent Children’s Lawyer was discharged, and all matters were removed from the active pending list.