NOEL & FAUCHER

In the matter of *Noel & Faucher*, the Family Court of Australia considered final orders concerning parental responsibility and the residence of a child. The father did not appear at the hearing, despite being warned of the risk of default orders and being aware of the listing. The Court proceeded to make orders on a default basis.

The primary legal issues before the Court were whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) had been rebutted, and what orders were in the best interests of the child regarding residence and parental responsibility. The Court also considered whether to grant an injunction restraining the father's conduct.

The Court found that the presumption of equal shared parental responsibility was rebutted due to a history of serious domestic violence perpetrated by the father. Applying the paramount consideration of the child's best interests, the Court ordered that the mother have sole parental responsibility for the child and that the child live with the mother. Further orders were made restraining the father from attending the child's school or its vicinity, attempting to remove the child from the mother's care, and from assaulting, molesting, harassing, abusing, or contacting the mother or her family. The mother was granted liberty to change the child's place of residence and enrol the child in an alternative school. The appointment of the Independent Children's Lawyer was discharged, and all other proceedings were dismissed.