SURNAM & CROMIE

This case concerned a dispute between the father and mother of a six-year-old child, A, regarding parenting orders. The mother had alleged sexual and physical abuse by the father, which the court was required to consider. The primary legal issues before the court were whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) had been rebutted, and what parenting arrangements, including with whom the child would live and spend time, were in A's best interests.

The court's reasoning centred on the paramountcy of the child's best interests, as outlined in section 60CC of the *Family Law Act 1975* (Cth). While acknowledging the importance of protecting children from harm, the court was not satisfied that the allegations of abuse had occurred or that there was any ongoing risk. The court found that the parties' inability to communicate effectively meant that equal shared parental responsibility was not in A's best interests, thus rebutting the presumption. The court also considered the benefit to the child of maintaining a meaningful relationship with both parents.

Ultimately, the court ordered that the father have sole parental responsibility for A and that A live with the father. The mother was initially restrained from communicating with A for one month, after which time supervised contact was to commence and gradually increase. The court also made detailed provisions for future time spent between the mother and child, including during school holidays and on special occasions, and set out specific handover arrangements and communication protocols between the parents.