LANSDOWNE & SHANNON

In the Family Court of Australia, Ms Lansdowne (the applicant mother) and Mr Shannon (the respondent father) were involved in parenting proceedings concerning their two children, X and Y. A significant issue in dispute was parental responsibility, with the mother seeking sole parental responsibility and the father seeking equal shared parental responsibility. The court was required to determine whether an order for equal shared parental responsibility would be in the best interests of the children, notwithstanding findings of family violence by the father.

The court was tasked with determining the extent of parental responsibility and the specific time the children should spend with each parent. Central to the determination was the application of section 61DA(2) of the *Family Law Act 1975* (Cth), which outlines a presumption that equal shared parental responsibility is in a child's best interests, and the circumstances under which this presumption does not apply due to findings of family violence. The court had to consider whether, even if the presumption did not apply, an order for equal shared parental responsibility could still be made if it was deemed to be in the children's best interests.

The court found that the father had engaged in family violence, which meant the presumption under s 61DA(2) of the *Family Law Act 1975* (Cth) did not apply. However, the court was not satisfied that the family violence that had occurred would prevent the possibility of equal shared parental responsibility. Applying the overarching principle of the children's best interests, the court ultimately made orders for equal shared parental responsibility. The orders detailed specific arrangements for the children to live with the mother and spend time with the father, including a graduated increase in the father's time with the children contingent on his completion of a specific course. The orders also included provisions for communication between parents and children, notification of medical matters, and restrictions on denigrating the other parent.