Jerrim & Palmar

In BRC 11114 of 2018, Middleton J of the Federal Circuit and Family Court of Australia made orders concerning the parental responsibility and time arrangements for five children. The dispute was between the father (applicant) and the mother (respondent), with the father alleging the mother actively hindered his relationship with the children and denigrated him in their presence. The mother’s immigration status and periods of absence from Australia were also raised as factual background by the father.

The court was required to determine the issue of parental responsibility, specifically whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) applied, and if not, what orders were in the children's best interests. The court also had to consider the practical arrangements for the children's time with each parent, including the nature and supervision of that time, and the communication between the parents.

Middleton J determined that the presumption of equal shared parental responsibility did not apply in this case. The court's reasoning focused on the best interests of the children, considering the evidence presented by both parties. The father's allegations of the mother's interference and denigration, and the mother's alleged difficulties in facilitating the father's relationship with the children, weighed heavily in the decision. The court ultimately ordered that the mother have sole parental responsibility for the children, with specific provisions for the day-to-day care and welfare of the children when they were with each parent.

The final orders stipulated that the children live with the mother and spend limited, supervised time with the father on the first Saturday of certain months for two hours at a contact centre. The children were also to communicate with the father weekly via telephone or video call. The orders further directed the parents to communicate by email regarding parenting arrangements, prohibited denigration of each other in the children's presence, and required them to share equally in the costs associated with the supervised contact centre.