Henry and Donald and Ors

In the matter of *Henry and Donald and Ors*, Austin J of the Family Court of Australia considered a dispute concerning the residence and parental responsibility of a child, B. The father and paternal grandfather sought a change of residence for the child, who had a meaningful relationship with the mother but was estranged from the father. The court noted that the mother's anxiety had negatively impacted the child's attitude towards the father, and the child felt pressure to align with one parent due to the parental conflict. Both parents were found to lack insight into the detrimental effect of their behaviour on the child.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility was rebutted, and if so, who should have sole parental responsibility. The court was also required to determine the child's living arrangements, considering the potential for serious stress if the child were forced to move and whether such a move would be reasonably practicable. The court also had to consider the appropriate orders for communication between the child and the father and paternal grandfather, and the need to protect the child from parental conflict.

Austin J found that the presumption of equal shared parental responsibility was rebutted because the parties were unwilling or unable to share parental responsibility. The court reasoned that the child would experience significant stress if required to live with the father or paternal grandfather, making such a change of residence not reasonably practicable. The preponderance of evidence indicated that the child should remain living with the mother. Consequently, the mother was granted sole parental responsibility for all major long-term issues concerning the child, and the child was ordered to live with the mother. The father and paternal grandfather were restrained from approaching the mother's residence and the child's school, with limited written communication permitted. The mother was given sole discretion regarding any future time the child might spend with the father or paternal grandfather.