Penrose and Kendal

This matter concerned an application before Murphy J in the Federal Circuit and Family Court of Australia concerning parental responsibility and living arrangements for a child, R, born in January 2009. The dispute involved the father and mother of the child, with the court also noting the involvement of the Department of Communities (Child Safety Services) and an Independent Children's Lawyer.

The court was required to determine whether the presumption of equal shared parental responsibility was rebutted, and if so, to make orders regarding the allocation of parental responsibility for major long-term issues. Additionally, the court needed to make orders concerning where the child would live, and the nature and extent of time and communication between the child and each parent, as well as with the child's siblings. The court also had to consider the circumstances under which any ordered time between the mother and child might be suspended.

Murphy J declared that the presumption of equal shared parental responsibility was rebutted in the best interests of the child. The father was granted sole parental responsibility for all major long-term issues, with specific requirements for him to consult with the mother in writing before making any ultimate decision. The court ordered that the child live with the father in the Sydney metropolitan area. The orders detailed a structured approach to communication and time between the mother and child, including provisions for supervised contact at a Contact Centre, and outlined conditions under which such time could be suspended if the mother failed to comply with her obligations.