Notaras and Notaras

In *Notaras & Notaras* [2014] FamCA 350, the Family Court of Australia considered parenting orders concerning three children. The applicant father initiated proceedings seeking equal shared parental responsibility and that the children live with him, with defined time with the mother. The respondent mother sought sole parental responsibility, that the children live with her, and that the father have no face-to-face contact, or alternatively, supervised time. The Independent Children’s Lawyer supported the mother’s position. The father subsequently discontinued his application and did not participate in the final hearing.

The court was required to determine the best interests of the children, who should have parental responsibility, where the children should live, and whether they should have time with or communicate with the father. Central to these determinations was the application of the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) and whether this presumption was rebutted due to family violence.

The court found that the father had engaged in family violence, including physical and psychological abuse of the mother and children, threats, and exposure of a child to pornography. The children expressed significant fear of the father, and their wishes to spend no time with him were given considerable weight in the context of this family violence. The court noted that the benefit of a meaningful relationship with the father was overshadowed by the children's fear and anxiety. Consequently, the presumption of equal shared parental responsibility was rebutted due to the family violence.

The court ordered that the previous parenting orders be discharged. The mother was granted sole parental responsibility, and the children were to live with her. Crucially, the court ordered that the children have no communication with and spend no time with the father. The court also requested that the children be removed from the Airport Watch List.