RONCALLI & RONCALLI

In *Roncalli & Roncalli*, Austin J of the Federal Circuit Court of Australia considered applications concerning parental responsibility and the living arrangements for three children. The mother sought the allocation of parental responsibility to herself as the residential parent, while the father sought no order regarding parental responsibility. The court was faced with cross-allegations of violent and abusive conduct between the parents, indicating an inability to share parental responsibility.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility applied, with whom the children should live, and the extent of time the children should spend with the non-residential parent. The court also had to consider the mother's application to rely on certain affidavits, which was ultimately refused.

His Honour determined that the presumption of equal shared parental responsibility did not apply due to the parents' demonstrated inability to co-parent and the allegations of violence. Consequently, the court ordered that the mother have sole parental responsibility for all major long-term issues concerning the children. The court found that the children were not at material risk of harm in the mother's care, noting she was the main carer and was not currently working, and therefore ordered that the children live with her. Regarding time with the father, the court decided against differentiating the time arrangements for the youngest child compared to the elder two, given the lack of social science evidence and the potential for parental conflict arising from changeovers. The court's orders detailed specific arrangements for the children to spend time with the father, including provisions for changeovers and communication.