Hearne & Hearne

In the matter of *Hearne & Hearne*, heard before Obradovic J, the applicant father and respondent mother sought orders concerning their child, X, born in 2018. The dispute centred on parental responsibility, living arrangements, and the father's contact with the child, as well as protective measures for both the mother and child.

The court was required to determine several key issues. These included whether the presumption of equal shared parental responsibility under the *Family Law Act 1975* (Cth) had been rebutted, and if so, whether sole parental responsibility for the mother was in the child's best interests. The court also considered the appropriate living arrangements for the child, the terms of the child's time with the father, and the necessity of injunctive relief to protect the mother and child. Furthermore, the court addressed the child's ability to travel internationally and the process for obtaining a passport.

Obradovic J reasoned that the father's disengagement from the proceedings and from the child's life had rebutted the presumption of equal shared parental responsibility. The court found that the child had a strong relationship with the mother, who was her primary carer, and that the father had failed to engage in opportunities to spend time with the child. The court also noted evidence of family violence and coercive behaviour by the father, which supported the mother's application for protective orders. Regarding international travel, the court concluded that granting the mother sole responsibility for passport applications and international travel was in the child's best interests, given the lack of communication from the father.

The court made orders granting the mother sole parental responsibility for the child X, with the child to live with the mother. The child was to spend time with the father as agreed in writing between the parties, with communication to occur via a specified parenting app. The father was restrained by injunction from approaching or contacting the mother or her places of residence or work, and from removing the child from school or day-care without agreement. The court also prohibited physical discipline, set alcohol limits for the caregiver, and ordered that neither party make derogatory remarks about the other in the child's presence. Finally, the mother was granted sole authority for passport applications and international travel for the child.