HODSON & HODSON

In this matter before Loughnan J, the parties, Ms Hodson (the mother) and Mr Hodson (the father), sought orders regarding parenting arrangements for their three children. The mother sought sole parental responsibility, while the father sought shared parental responsibility. The dispute also encompassed the extent of the father's time with the children, specifically whether it should apply to all three children or just one, and whether his time should be limited to daytime hours.

The court was required to determine the most appropriate parenting arrangements for the children, considering the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975*. Additionally, the court had to decide the specific terms of the father's time with the children and the allocation of parental responsibility, particularly concerning international travel.

Loughnan J found that while the presumption of equal shared parental responsibility applied, it was in the best interests of the children for them to retain their current living arrangements with the mother. The court ordered that the children live with the mother and that the father have time with the children as agreed between the parents, or as arranged between the children and the father. Specific provisions were made for the youngest child, W, to spend time with the father on Father's Day and on one weekend day every third weekend from 9:00 a.m. to 7:00 p.m., with provisions for Mother's Day. The mother was authorised to apply for passports for the children without the father's prior consent, provided she gave him 21 days' written notice of proposed overseas travel and an opportunity to join the application. The court also made orders restraining the parents from physical discipline, denigrating the other parent, or discussing court proceedings with the children.