Rushby and Bilsberry

The Family Court of Australia considered a dispute concerning three children, involving the applicant mother, the first respondent father, and the second respondent paternal grandmother. The primary disagreement centred on the arrangements for the children to spend time with the father and paternal grandmother, and the allocation of parental responsibility. Key factual issues influencing the court's decision included the father's alleged history of illicit drug use and past family violence perpetrated against the mother.

The court was required to determine whether to rebut the presumption of equal shared parental responsibility, given the evidence of family violence. It also needed to decide the specific arrangements for the children to live with, spend time with, and communicate with each parent and the paternal grandmother, always with the paramount consideration being the best interests of the children. The court also had to consider the father's application for shared parental responsibility and the paternal grandmother's significant claims for extensive time with the children.

Justice Austin found that the presumption of equal shared parental responsibility was rebutted due to evidence of family violence committed by the father and a lack of constructive communication between the parents. Consequently, the mother was granted sole parental responsibility. The court ordered that the children live with the mother and spend supervised time with the father seven times per year, with supervision to be provided by the paternal grandmother. The children were also to have weekly telephone communication with the father. The father was restrained from attending the mother's home or the children's schools, and specific exchange points were established for the supervised time, with the father also restrained from attending these locations during exchanges. The court also made orders regarding written communication and prohibited denigration of any party in the presence of the children.