Mason and Wilson (No. 2)

In *Mason and Wilson (No. 2)*, the Honourable Justice Young of the Family Court of Australia considered an application concerning the parental responsibility for two children, J and N. The dispute centred on whether the presumption of equal shared parental responsibility, as provided for by the *Family Law Act 1975* (Cth), should be rebutted in favour of one parent having sole responsibility.

The primary legal issue before the court was whether the presumption of equal shared parental responsibility was in the best interests of the children, and if not, what orders for parental responsibility should be made. The court was also required to consider the discharge of previous orders and the role of an Independent Children’s Lawyer.

Justice Young found that the presumption of equal shared parental responsibility was not in the best interests of the children and therefore rebutted it. The court ordered that the mother have sole parental responsibility for the children. Further orders stipulated that both parents must communicate via email or SMS immediately in the event of any significant medical event or emergency concerning the children. Previous orders made by Senior Registrar FitzGibbon were discharged, and all other extant applications were dismissed. The court also noted that particulars of the obligations and consequences of contravention were set out in an annexed Fact Sheet, and the appointment of the Independent Children’s Lawyer would be discharged if no appeal was lodged within one month.