Healey and McGeary

In *Healey and McGeary*, heard in the Family Court of Australia at Hobart, Benjamin J determined parenting orders concerning the child JM, born in October 1997. The father sought sole parental responsibility and for the child to live with him, while the mother sought different orders. An Independent Children's Lawyer was appointed and also sought orders distinct from both parents. The proceedings addressed the extent and nature of the child's time with the mother, whether such time and communication should be supervised, and proposed changes to the child's surname.

The court was required to determine the paramount consideration of the child's best interests, particularly in light of the presumption of equal shared parental responsibility under s 61DA of the *Family Law Act 1975* (Cth). This involved assessing whether the presumption applied, whether it was rebutted, and the implications of any findings regarding allegations of abuse or family violence. The court also had to consider the specific factors outlined in s 60CC of the Act, including the benefit of a meaningful relationship with both parents and the need to protect the child from harm, as well as the legal principles governing proposed changes to a child's surname.

Benjamin J found that the presumption of equal shared parental responsibility under s 61DA did not apply in this case, and that the father should have sole parental responsibility. This decision was based on a comprehensive assessment of the evidence, including reports from a psychologist and a psychiatrist, and the history of the proceedings. The court found that while the child desired some contact with her mother, the mother presented an unacceptable risk of harm to the child, particularly concerning the perpetuation of unsubstantiated allegations of abuse and the potential for psychological harm. Consequently, the court ordered that the child live with the father, with supervised time and telephone contact permitted with the mother, and authorised the father to change the child's surname to his own.