POLITES & STATHOS

This case involved parenting proceedings before the Family Court of Australia concerning two children, N Stathos, born in 2004, and V Stathos, born in 2005. The applicant mother was Ms Polites and the respondent father was Mr Stathos. The primary dispute concerned the extent of the father's time with the children and issues relating to their commitments. Notably, the proceedings did not involve allegations of substance abuse, family violence, or mental illness, with both parents being described as competent and loving, and the children healthy and progressing well.

The court was required to determine whether granting equal shared parental responsibility would be in the best interests of the children and reasonably practicable. It also had to consider the extent of the father's time with the children, including specific arrangements for school terms, holidays, and significant dates. The court's task was to exercise its discretion between acceptable options, as the parties were unable to reach an agreement on these matters.

The court applied the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the child and the presumption of equal shared parental responsibility. Given the absence of pathology and the parents' capacity, the presumption for equal shared parental responsibility was not rebutted. The court found that it was in the best interests of the children to spend substantial and significant time with each parent.

Ultimately, the court made orders that the children would live with the mother. The father was granted time with the children on each alternate weekend during school terms, as well as specific periods during school holidays and on Father's Day. The orders also detailed arrangements for communication, decision-making regarding day-to-day care, and the exchange of information between the parents, aiming to ensure the children's welfare and continued meaningful relationships with both parents.