KHALIL & KHALIL

In the matter of *Khalil & Khalil*, Austin J of the Family Court of Australia considered applications concerning the parental responsibility and living arrangements for two children, B and C. The dispute arose in the context of significant family violence between the parents, both of whom had criminal convictions for assaulting the other. The court also heard allegations that the mother had sexually abused the youngest child, and that the children were at risk of serious psychological harm.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility applied, given the family violence, and with whom the children should live. The court was required to determine if it was possible for the children to maintain meaningful relationships with both parents, considering the children's strong opposition to spending time with the mother and concerns about her sobriety. The court also had to assess the potential psychological harm to the children of reversing their residence compared to maintaining their current living arrangements.

Austin J found that the presumption of equal shared parental responsibility did not apply due to the family violence perpetrated between the parties and the volatile nature of their relationship, which made shared exercise of parental responsibility impossible. The court determined that it was not possible for the children to have meaningful relationships with both parents, and that the psychological harm of reversing the children's residence would likely exceed the harm they suffered by remaining with the father. Consequently, the court ordered that the father have sole parental responsibility for decisions about major long-term issues and that the children live with the father. No orders were made for the children to spend time or communicate with the mother.