HUTTON & TIPPINS

In Hutton & Tippins, heard before Judge McNab, the dispute concerned parenting arrangements for the child, X. Both parties conceded that family violence had occurred, which rendered the presumption of equal shared parental responsibility inapplicable. Despite this, both the mother and father sought that equal shared parental responsibility be allocated to them.

The court was required to determine whether to allocate equal shared parental responsibility to the parties, despite the conceded family violence, and to establish specific living arrangements and time arrangements for the child with each parent. The court also needed to consider various ancillary orders regarding communication, information sharing, and dispute resolution.

The court reasoned that while family violence ordinarily displaces the presumption of equal shared parental responsibility, it was open to the court to make such an order if it was in the child's best interests and if both parties sought it. Applying this principle, and noting the parties' joint request, the court ordered that the mother and father exercise equal shared parental responsibility. The court further ordered that X live with the mother and spend substantial and significant time with the father, detailing specific time arrangements that evolved over time, including provisions for holidays, birthdays, and communication. Additional orders were made concerning information sharing, dispute resolution, and specific behavioural expectations for the father.