Jenkinson and Poath

In the matter of *Jenkinson and Poath*, Benjamin J of the Family Court of Australia considered an application concerning the welfare of a child. The proceedings involved the respondent, whose interests were represented by Ms C of Hobart, Tasmania, appointed as Case Guardian.

The court was required to determine whether the presumption of equal shared parental responsibility under s 65D(a) of the *Family Law Act 1975* (Cth) ought to apply in the circumstances of the case. The court also made orders regarding the particulars of obligations and consequences related to the parenting orders, as well as details of assistance available to the parties.

Benjamin J determined that the presumption of equal shared parental responsibility under s 65D(a) should not apply. The court exercised its discretion to make specific orders concerning the respondent's obligations and the potential consequences of contravention, incorporating these details into an attached Fact Sheet which formed part of the final orders.