SANDRICK & BAMBERG

This matter concerned a parenting dispute between a father and mother regarding their five-year-old child. The father sought equal time with the child, while the mother and the Independent Children’s Lawyer (ICL) opposed this, advocating for gradual increases in the father's time. A central issue was whether either parent had committed family violence.

The court was required to determine the presumption of equal shared parental responsibility and, in light of the findings regarding family violence, what orders were in the best interests of the child concerning parental responsibility and time spent with each parent. The court also had to consider the recommendations of the ICL regarding the child's time with each parent.

Judge Burchardt found that both parents had perpetrated family violence, but the father's conduct was significantly more extensive. Consequently, the presumption of equal shared parental responsibility was rebutted. The court determined that it was in the child's best interests for the mother to have sole parental responsibility. Orders were made for the child to live with the mother, with the mother to keep the father informed of significant long-term decisions. The court also made detailed spend time orders, largely reflecting the proposals put forward by the ICL, which involved a phased increase in the father's time with the child.