TAMLYN & TAMLYN

In the matter of *Tamlyn & Tamlyn*, Judge Humphreys of the Family Court of Australia considered parenting and property settlement disputes between the parents of three children. The mother sought sole parental responsibility, while the father sought equal shared parental responsibility. The court also addressed the division of marital property, with each party seeking an adjustment in their favour and a need for finality.

The primary legal issues before the court were to determine the best interests of the three subject children, considering the factors outlined in section 60CC of the *Family Law Act 1975* (Cth), and whether the presumption in favour of shared parental responsibility was rebutted. The court was required to assess the impact of family violence on the children and their relationships with each parent, and to make orders regarding the children's living arrangements and contact with the father. Additionally, the court had to make orders for a just and equitable distribution of the parties' property.

Judge Humphreys applied the paramount consideration of the children's best interests, as mandated by section 60CA of the Act, and considered the factors under sections 60CC(2) and (3). The court gave greater weight to the need to protect the children from harm over the benefit of a meaningful relationship with the father, particularly in light of evidence of ongoing family violence and the father's non-compliance with court orders and supervised contact centre policies. The court found that the presumption of equal shared parental responsibility was rebutted due to the family violence.

Consequently, the court ordered that the mother have sole parental responsibility for the children and that they live with her. Contact between the father and the children was limited to telephone or video link, and an injunction was granted for the personal protection of the children and the mother, restraining the father from various forms of contact and proximity. Orders were also made regarding property settlement, aiming for a just and equitable distribution and finality.