Marcato and Varga

In the Family Court of Australia at Melbourne, Bennett J presided over proceedings between Mr Marcato (the applicant father) and Ms Varga (the respondent mother) concerning their daughter, born in April 2000. The dispute involved final parenting orders, with the mother and the independent children's lawyer seeking orders that were not opposed by the father, who was aware of the hearing but did not appear.

The court was required to determine the best interests of the child in relation to parenting arrangements, specifically whether to discharge previous parenting orders, grant the mother sole parental responsibility, order that the child live with the mother, dismiss extant applications, and discharge the independent children's lawyer. A key legal issue was whether the presumption of equal shared parental responsibility under the *Family Law Act 1975* was rebutted, given allegations of abuse and the father's stated intention to withdraw from the proceedings.

Bennett J applied the paramount consideration of the child's best interests, as mandated by section 60CA of the *Family Law Act 1975*. The court considered the objects and principles outlined in section 60B and the primary considerations in section 60CC, including the benefit of a meaningful relationship with both parents and the need to protect the child from harm. Cogent evidence from the Department of Human Services substantiated concerns of harm resulting from sexual abuse, and the father's own affidavit indicated a decision to withdraw from the proceedings and relinquish any future role in his daughter's life. Consequently, the court found that the presumption of equal shared parental responsibility was rebutted due to the evidence of abuse and the father's voluntary withdrawal.

Final orders were made in terms of the Minutes of Orders presented, which included discharging all previous parenting orders, granting the mother sole parental responsibility, ordering that the child live with the mother, dismissing all extant applications, and discharging the independent children's lawyer. These orders were deemed to be in the child's best interests.