MCALLISTER & HALLETT

In *McAllister & Hallett*, Austin J of the Family Court of Australia determined a dispute concerning the parental responsibility and living arrangements for a child. The mother sought sole parental responsibility and orders for the child to live with her, while the father disagreed with the mother's school selection for the child. The court was required to consider the presumption of equal shared parental responsibility and the best interests of the child in light of the parties' inability to cooperate and the father's parenting capacity.

The central legal issues before the court were whether the presumption of equal shared parental responsibility applied, with whom the child should live, and the nature of any interaction between the child and the father. The court had to assess the father's psychological condition, its impact on his parenting capacity, and the presence of family violence perpetrated by the father, as evidenced by independent records. Furthermore, the court considered recommendations from a family consultant regarding the child's relationship with the father and the potential risks of harm.

Austin J found that the presumption of equal shared parental responsibility did not apply due to the father's psychological condition, which was not well managed and impaired his parenting capacity, and the father's history of perpetrating family violence. The court concluded that the mother possessed superior parenting capacity and posed no risk of harm to the child, who required protection from the risks attributable to the father's conduct. Consequently, the court ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The court also made orders restraining the father from approaching the mother's residence and the child's school, and established a limited, supervised form of communication between the child and the father via letters and gifts, with the mother having discretion over the child's direct interaction.