SANTARNO & SANTARNO

In the matter of SANTARNO & SANTARNO, Ainslie-Wallace J of the Family Court of Australia considered an application concerning the living arrangements and time spent with two children, N and E. The proceedings involved allegations of sexual abuse and family violence, and the court was tasked with determining the best interests of the children in light of these serious claims. The Intervenor, the Minister for Community Services, sought sole parental responsibility for the children.

The primary legal issues before the court were the application of the considerations set out in section 60CC of the *Family Law Act 1975* (Cth) to the parties' proposals, and whether the presumption of equal shared parental responsibility, established by section 61DA(1) of the Act, could be rebutted. The court was required to assess whether conferring sole parental responsibility on the Minister for Community Services was in the best interests of N and E, and to determine appropriate arrangements for the children to spend time with their mother and father.

Ainslie-Wallace J reasoned that the presumption of equal shared parental responsibility was rebutted due to the significant allegations of sexual abuse and family violence, which indicated that the children were at risk of harm. The court applied the principles of the *Family Law Act* to prioritise the safety and well-being of the children. The court found that it was in the best interests of N and E that the Minister for Community Services be granted sole parental responsibility, including responsibility for their residence.

Consequently, all prior parenting orders were discharged. The court ordered that the children spend time with their mother and father twelve times per year, each for a period of four hours, supervised by the Director-General, Department of Human Services, for the initial six months. Following this supervised period, the time would increase to six hours unsupervised, with locations and times to be nominated by the Director-General. The orders also included specific conditions for the parents during contact, such as not denigrating the other parent or questioning the children about allegations or their contact with the other parent, and further restrained the parents from approaching the children without prior approval. The Director-General was ordered to keep the parents informed of the children's progress.