MORCOMBE & PRESTON

In this matter before Dawe J of the Family Court of Australia, the mother alleged that the father had physically and sexually abused the children. The father denied these allegations. The court was required to determine whether the children were at risk of physical or sexual abuse in the father's care, and to make orders regarding the children's living arrangements and parental responsibility.

The central legal issues before the court were whether the mother's allegations of abuse against the father were established on the balance of probabilities, and if not, what orders were in the best interests of the children. This involved considering the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) and whether it should be rebutted. The court also had to assess the risk of neglect and psychological harm to the children in the mother's care, and the mother's capacity and mental health.

Dawe J found that the mother's allegations of abuse against the father were not established on the balance of probabilities. The court determined that the children's statements were likely influenced by the mother. Expert reports raised concerns about the risk of neglect and psychological harm to the children in the mother's care, and her capacity and mental health. Observing a warm relationship between the children and the father, and noting the father's support network, the court concluded that it was not in the children's best interests for the parties to have equal shared parental responsibility, thereby rebutting the presumption. The court ordered that the children live with the father and that he have sole parental responsibility. Due to concerns about the mother's influence and health, no orders were made for the children to spend time with her at that time, and an injunction was granted restraining her contact with the children for a period of three months, with limited exceptions.