Mitchell and Mitchell (No 2)

In Mitchell and Mitchell (No 2), Austin J of the Family Court of Australia considered applications concerning the residence and parental responsibility of six children. The father sought an adjournment of the trial, citing the recent loss of legal representation, the need to inspect subpoenaed documents, and the requirement to gather further evidence. The court acknowledged the father's circumstances but noted that he should bear the consequences of disputes with his own solicitor. An overnight adjournment was granted, but a longer adjournment was deemed likely to cause undue prejudice to at least one of the children.

The primary legal issues before the court were the determination of with whom the children should live and spend time, and the allocation of parental responsibility. While the parties had agreed prior to trial that five of the six children would live with the mother, a residual dispute remained regarding the residence of one child. The mother and the Independent Children’s Lawyer proposed that this child remain with her siblings, whereas the father sought orders for the child to live separately with him. The court also considered whether the presumption of equal shared parental responsibility applied, and if not, how parental responsibility should be allocated.

Austin J's reasoning focused on the best interests of the children, as mandated by section 60CC of the *Family Law Act 1975* (Cth). The Family Consultant's opinion, which favoured the child living with her siblings and the mother, was a significant factor. The court found that the presumption of equal shared parental responsibility did not apply and would have been rebutted in any event. Consequently, sole parental responsibility was allocated to the mother as the residential parent, with a requirement that she consult the father on major long-term decisions. The court ordered that all six children live with the mother and spend specified amounts of time with the father, reflecting the arrangements for their younger siblings. Further orders addressed communication, parental conduct, and the notification of medical emergencies.