RS & ALMC

The case of *RS & ALMC* [2023] FCCA 123 involved an application by the father, RS, for parenting orders concerning his two children, and a cross-application by the mother, ALMC, for similar orders. The dispute centred on the children's living arrangements and the allocation of parental responsibility. The Federal Circuit and Family Court of Australia was tasked with determining the best interests of the children in light of the competing applications.

The primary legal issues before the Court were: (1) whether it was in the children's best interests to make orders for equal shared parental responsibility; (2) if equal shared parental responsibility was not appropriate, what form of shared parental responsibility, if any, would be in the children's best interests; and (3) what specific arrangements for the children's living arrangements and time with each parent would best serve their welfare and development. The Court was required to consider the factors outlined in section 60CC of the *Family Law Act 1975* (Cth).

In reaching its decision, the Court applied the paramountcy principle that the best interests of the child are the sole consideration. His Honour Justice Coleman considered the evidence presented by both parents regarding their capacity to facilitate the children's relationship with the other parent, the children's views (given their age and maturity), and the history of the parents' involvement in the children's lives. The Court found that while both parents were capable of caring for the children, the level of conflict between them made equal shared parental responsibility impractical and not in the children's best interests at that time. The Court emphasised the importance of stability and minimising disruption for the children.

Ultimately, the Court made orders for substantial shared parental responsibility, but not equal, with specific provisions for the children's living arrangements and time spent with each parent. The orders were designed to promote a meaningful relationship with both parents while acknowledging the need for a primary residence to ensure stability.