MATERANZI & SUSKAIN

The parties to this matter were Mr Materanzi (the father) and Ms Suskain (the mother), who were the parents of a child born in 2004. The dispute concerned parenting arrangements for the child, who was living with the father. The primary issue before the Family Court of Australia was whether the child should spend any time with the mother, and if so, the nature and extent of that time. Ancillary orders, including those to facilitate changeovers, also required determination.

The court was required to determine whether the presumption of equal shared parental responsibility, as provided for in the *Family Law Act 1975* (Cth), was rebutted in this case. Specifically, the court had to consider if joint responsibility for major decisions concerning the child's life was likely to lead to further conflict, given the existing difficulties in communication and the mother's mistrust of the father and his wife. The court also had to determine the child's best interests regarding contact with the mother, considering the history of non-compliance with court orders and the impact on the child.

The court found that the mother had repeatedly failed to comply with previous court orders, and that this non-compliance had aggravated the child's distress. The evidence presented was sufficient to rebut the presumption in favour of equal shared parental responsibility, as the difficulties in communication and the mother's attitude made joint decision-making unlikely to avoid further conflict. The court concluded that it was in the child's best interests to make an order for the father to have sole parental responsibility and for there to be no contact between the child and the mother.

Consequently, the court discharged all previous parenting orders, granted the father sole parental responsibility, and ordered that the child live with the father. Crucially, the court ordered that the child spend no time with the mother. Further orders were made to facilitate the child spending time with her sisters, to restrain the mother from attending the child's school, and to regulate communication between the parents. The mother was also restrained from contacting the child by any means other than those specifically permitted by the orders.