MEINHARDT & SANTOS

The case of *Meinhardt & Santos* concerned final orders regarding parental responsibility and living arrangements for a child, Y. The dispute involved allegations of sexual abuse by the mother against the father and paternal grandmother, and counter-allegations of emotional abuse by the mother against the child. The court was required to determine whether the presumption of equal shared parental responsibility under s 61DA of the *Family Law Act 1975* (Cth) had been rebutted, and what living arrangements and time spent orders would be in the child's best interests, given the serious allegations and the child's loving relationship with both parents.

Dawe J found that the evidence did not establish the alleged sexual abuse or that the father posed an unacceptable risk to the child. The court concluded that the mother had inadvertently influenced the child to make allegations of inappropriate behaviour. Applying the principles of the child's best interests, the court determined that the presumption of equal shared parental responsibility was not rebutted and made orders for equal shared parental responsibility.

The court ordered that the child, Y, live with the mother and father on an alternate week basis during school terms, with specific arrangements for school holidays, birthdays, and public holidays. Further orders addressed handover procedures, communication regarding medical treatment and education, notification of residential changes, and prohibitions against denigration of either parent in the child's presence. The court also made specific provisions for the child to attend counselling with a professional named Mr R, with shared costs and a duration of at least two years, subject to recommendations.