NASSER TALBET & HALSEN

In the matter of *Nasser Talbet & Halsen*, Foster J of the Family Court of Australia considered parenting orders concerning a child, B. The proceedings involved a conflictual parental relationship, and the father had failed to participate in the final stages of the hearing. The primary dispute revolved around the time the child would spend with each parent and the father's willingness and ability to facilitate a close and continuing relationship between the child and the mother.

The court was required to determine whether the presumption of equal shared parental responsibility was rebutted, given the father's lack of participation and the evident conflict between the parents. Central to the court's determination was the paramount consideration of the child's best interests, which necessitated an assessment of each parent's capacity to foster a positive relationship between the child and the other parent.

Foster J applied the principles of the *Family Law Act 1975* (Cth), including the presumption of equal shared parental responsibility. Despite the father's non-participation, the court found that the presumption was not rebutted and made orders for equal shared parental responsibility. The court's reasoning focused on establishing a framework that would promote the child's relationship with both parents, even in the context of parental conflict.

The court made detailed orders regarding the child's residence, time, and communication arrangements. The child was ordered to live with the father, with specific provisions for the child to spend time with and communicate with the mother. These orders included weekly time, holiday arrangements, and communication protocols, including telephone calls and text messages. The court also made orders concerning medical emergencies, schooling, non-denigration, and restricted the relocation of the child's residence and removal from Australia.