Skelton & Donaldson

In *Skelton & Donaldson*, the Full Court of the Family Court of Australia considered an appeal concerning parenting orders made by a judicial registrar. The primary dispute involved the allocation of parental responsibility and the time each parent spent with the child, particularly in light of allegations of family violence.

The central legal issues before the Full Court were whether the judicial registrar had erred in her application of the presumption of equal shared parental responsibility under section 61DA(1) of the *Family Law Act 1975* (Cth) and whether she had adequately considered the child's best interests in light of the family violence orders in place. The court also examined whether the registrar had properly applied the provisions relating to the child spending substantial and significant time with each parent, and the obligations to consult and make joint decisions.

The Full Court found that the judicial registrar had made an error in her approach to the presumption of equal shared parental responsibility. It held that the presumption could be displaced if there was evidence of family violence, and that the registrar had failed to give sufficient weight to the existing family violence orders when determining whether the presumption applied. The court reiterated that the paramount consideration in all parenting matters is the best interests of the child, and that this requires a careful balancing of all relevant factors, including the need to protect the child from harm. The court also noted that the registrar had not adequately considered the practical implications of the orders made in relation to the child spending substantial and significant time with each parent.

The Full Court allowed the appeal, set aside the orders made by the judicial registrar, and remitted the matter back to the Family Court for redetermination.