MARTEL & BILSON

In the matter of *Martel & Bilson*, heard by Judge Hartnett, the court considered applications concerning the parenting of two children, X and Y, and a related child support matter. The proceedings involved the mother, Ms Martel, and the father, Mr Bilson. The mother sought sole parental responsibility for the children, citing changed circumstances since final parenting orders were made in 2015. The Independent Children's Lawyer (ICL) also sought a sole parental responsibility order. Additionally, the mother applied for a departure order under section 117 of the *Child Support (Assessment) Act 1989* (Cth), alleging the father had not disclosed his income and had not utilised his earning capacity.

The court was required to determine whether the presumption of equal shared parental responsibility, previously ordered, should be rebutted due to changed circumstances. This involved assessing the amount of time the children spent with the father and giving appropriate weight to the children's wishes. The court also had to consider the application for a departure order concerning child support, specifically whether the father's undisclosed income and unutilised earning capacity warranted an adjustment to the assessed amount.

The court found that the presumption of equal shared parental responsibility was rebutted, leading to orders for the mother to have sole parental responsibility and for the children to live with her. The father was granted specific, limited time with the children, including supervised changeovers and communication by telephone, with provisions for holidays and special occasions. The court also granted the application for a departure order under section 117 of the *Child Support (Assessment) Act 1989* (Cth), departing from the administrative assessment and fixing the annual child support payable by the father at $15,600, indexed to the Consumer Price Index from December 2017, payable in monthly instalments. The court also made detailed orders regarding communication, notification of illness, medical treatment, school and extra-curricular activities, change of address, and an injunction restraining denigration of either party.