Mackham and Mackham

In *Mackham & Mackham* [2013] FamCA 212, the Family Court of Australia considered parenting arrangements for two children, B and C. The applicant mother sought orders for sole parental responsibility, that the children live with her, and that they have no contact with the father. The respondent father sought orders for equal shared parental responsibility and a graduated arrangement for the children to spend time with him. The Independent Children’s Lawyer supported the mother's position, with the caveat that the children should be permitted to receive cards and letters from the father. A key element of the proceedings was the mother's application to relocate with the children to D Town, New South Wales.

The Court was required to determine several legal issues, including whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) was rebutted. It also had to consider the paramount consideration of the children's best interests, as mandated by section 60CA, and assess the various factors outlined in section 60CC. Furthermore, the Court needed to determine the mother's application for relocation and whether it was in the children's best interests for the father to have no time with them. The Court also had to consider the implications of the father's alleged history of drug use, excessive alcohol consumption, and potential connections with criminal activity, as well as his documented suicide attempt.

Justice Stevenson found that the presumption of equal shared parental responsibility was rebutted, based on the evidence presented. The Court preferred the mother's evidence over the father's, noting instances of untruthfulness in the father's affidavit evidence and the provision of false information regarding his living arrangements to the independent expert. The Court found that the father's behaviour, including his suicide attempt and the distressing circumstances surrounding the recovery of his child Q, raised significant concerns about his capacity to provide a safe and stable environment for B and C. Consequently, the Court granted the mother's application for sole parental responsibility and authorised her relocation with the children to D Town.

The Court ordered that all existing parenting orders be discharged. The mother was granted sole parental responsibility, and the children were ordered to live with her. The father was restrained from approaching or contacting the children, except by sending letters and cards to a nominated postal box address, which the mother was to pass on. The mother was authorised to obtain passports for the children and to take them outside of Australia without the father's consent. The mother was also authorised to relocate the children's residence to D Town.