Schach & Birrell (No. 2)

In *Schach & Birrell (No. 2)*, Dawe J of the Family Court of Australia considered a long-running family law matter involving a father who had failed to comply with court orders, including filing a parenting questionnaire and attending a child-responsive program interview. The father had also filed a Notice of Discontinuance, leading to the proceedings being treated as undefended.

The court was required to determine whether the presumption of equal shared parental responsibility should be rebutted, and to make orders regarding with whom the child should spend time and communicate. Central to this was the assessment of whether time and communication with the father would assist in fostering a meaningful relationship, while also considering the need to protect the child from psychological harm. The court was also tasked with considering the relevant factors under section 60CC of the *Family Law Act 1975* (Cth).

Dawe J found that the presumption of equal shared parental responsibility was rebutted, and made final orders in terms proposed by the mother. The court reasoned that the father's non-compliance and the need to protect the child from psychological harm weighed against orders for shared parental responsibility and significant time with the father. The court discharged the appointment of the Independent Children’s Lawyer and removed all matters from the pending list.