McDonald and Fosci

In *McDonald & Fosci* [2011] FamCA 1003, the Family Court of Australia considered an application concerning the time a child, B, would spend with his father, Mr McDonald, and his mother, Ms Fosci. The proceedings were heard by Cronin J in Melbourne.

The court was required to determine interim orders regarding the child's time with each parent and the issue of equal shared parental responsibility. Specifically, the court needed to decide whether to grant equal shared parental responsibility, the nature and commencement of the child's time with the father, and the particulars of changeovers.

Cronin J reasoned that there was no evidence to rebut the presumption of equal shared parental responsibility, and therefore, ordered that the mother and father have equal shared parental responsibility of the child until further order. Regarding the child's time with the father, the court found no logical reason, based on the evidence including that of the family consultant, why overnight time should not commence immediately. Consequently, orders were made for the child to spend time with the father each weekend from 12 noon on Saturday to 12 noon on Sunday, commencing on 10 December 2011, and on each Tuesday from 10:00 am to 3:00 pm. All changeovers were to occur at the Suburb C library. The court also noted that particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet, which was incorporated into the orders pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). The court reserved its final judgment on other matters.