Standish and Standish

In the Family Court of Australia, Mr Standish (the father) and Ms Standish (the mother) sought parenting orders concerning their two children, Y and N. The core of the dispute revolved around the children's living arrangements and the extent of time they would spend with each parent, with each parent seeking primary residence and substantial time with the other.

The court was required to determine whether to make an order for equal shared parental responsibility, considering the presumption of equal shared parental responsibility under section 61DA(1) of the *Family Law Act 1975* (Cth). This involved assessing whether the presumption was rebutted by evidence of family violence, as defined in section 4 of the Act, which would preclude its application under section 61DA(2). The court also needed to consider the children's best interests in determining the parenting arrangements, particularly regarding the amount of time the children would spend with each parent, and whether an order for equal shared parental responsibility was appropriate even if the presumption did not apply.

The court found that the presumption of equal shared parental responsibility did not apply due to reasonable grounds to believe that family violence had occurred, citing the children's reports, parental statements, the mother's assertions to police regarding past events, an incident involving a barbecue tool, and events surrounding the medical examinations of child Y. Despite the presumption not applying, the court determined that an order for equal shared parental responsibility was in the children's best interests. This decision was based on the parents' growing willingness and capacity to communicate and cooperate for the children's benefit, and their ability to overcome past difficulties and suspicions.

The court ordered that the mother and father have equal shared parental responsibility for the children. The mother would have responsibility for the children's day-to-day care during her time with them, and the father would have such responsibility during his time. The children were to spend time with the mother on two weekends per school term, Mother's Day weekend, and half of each school holiday period, with the father having the children at all other times. Specific provisions were made for communication, notification of medical issues, school reporting, and notice of change of residence.