IRELAND & MCKINNON

In the matter of *Ireland & McKinnon*, Kent J considered an application concerning the parenting arrangements for a child born in 2003. The dispute arose after the child was removed from the Mother's care by the Department of Child Safety in November 2009, leading to limited contact between the Mother and child since that time. Concerns were raised regarding the child's safety when in the Mother's care.

The court was required to determine whether the presumption of equal shared parental responsibility under the *Family Law Act 1975* (Cth) should be rebutted, and if so, what parenting orders would be in the best interests of the child. Specifically, the court had to decide where the child should live and the nature and extent of the time the Mother should spend with the child, given the history of limited contact and safety concerns.

Kent J found that the presumption of equal shared parental responsibility was rebutted due to the best interests of the child. The court reasoned that the child's safety and well-being necessitated a departure from equal shared responsibility. Consequently, the Father was granted sole parental responsibility for all major long-term issues, with a requirement to consult the Mother in writing before making any ultimate decisions. The child was ordered to live with the Father, and the Mother was to spend supervised time with the child.

The orders stipulated that the Mother's supervised time would occur in the presence of a Ms F, with a default arrangement for each alternate weekend, subject to Ms F's availability. If Ms F was unavailable, the Mother could spend time with the child at a contact centre, provided she gave the Father seven days' written notice. The costs of contact centre supervision were to be borne equally. The Mother was also permitted weekly telephone contact, and both parents were to be involved in school, sporting, and medical matters concerning the child.