HOWARD & LIPSCHITZ

The case of *Howard & Lipschitz* concerned parenting orders made by Austin J in the Family Court of Australia. The dispute arose between the mother and the father regarding the children's living arrangements and parental responsibility. The court was required to determine whether the presumption of equal shared parental responsibility applied, given the deterioration of the parties' relationship and allegations of family violence. Further issues included the children's best interests, particularly in light of psychological harm allegedly caused by the mother and her partner, and the father's alleged sexual abuse of the children, which the court found to be unsubstantiated.

Austin J determined that the presumption of equal shared parental responsibility did not apply due to past family violence and the mother's complete lack of communication with the father for over two years. The court found that the mother and her partner had caused the children significant psychological harm and had aligned the children against the father, who did not pose an unacceptable risk of sexual harm. The court also noted that the children had not spent time with the father for two years, contrary to existing orders, and that the mother had neglected the children's emotional needs.

Consequently, Austin J made interim parenting orders placing the children to live with the father and granting them supervised time with the mother at a contact centre. The mother was restrained from bringing the children into contact with her partner and from approaching the children at school or the father's residence. The father was granted leave to re-list the matter without further notice to the mother and seek an order for recovery of the children in the event of her contravention of the orders. A further family report was to be prepared to assess the success of the children's residence with the father.