PREECE & MULDER

In the matter of *Preece & Mulder*, Austin J of the Family Court of Australia considered parenting orders concerning two children, C and T. The dispute involved the allocation of parental responsibility and the arrangements for the children's time with each parent, particularly in light of a history of family violence perpetrated by the father. The court was required to determine whether the presumption of equal shared parental responsibility should be rebutted and what specific orders were necessary to ensure the children's best interests, including the imposition of certain restrictions on the father.

The court's reasoning focused on the children's maturity and their expressed wishes to spend time with the father as they desired. However, this was weighed against the father's deficient attitude towards his responsibilities and his history of family violence. Conversely, the mother demonstrated a proper attitude towards the children and their care. The court found that the proposed orders did not represent a significant departure from existing arrangements.

Ultimately, Austin J determined that the presumption of equal shared parental responsibility was rebutted. The court made orders discharging former parenting orders and allocating sole parental responsibility to the mother, with the children to live with her. The children were to spend time with the father in accordance with their wishes. Crucially, the court imposed several procedural orders and injunctions on the father, restraining him from inflicting corporal punishment, leaving the children unaccompanied by an adult at night, allowing certain adult males to reside in his home while the children were present, and contacting or attending the mother's residential premises. Both parties were also restrained from denigrating each other in the children's presence.