Thompson and Thompson

In the Family Court of Australia at Sydney, Justice Rose presided over proceedings between Mrs Thompson (applicant) and Mr Thompson (respondent) concerning parenting orders for their six-year-old daughter. The mother sought orders for joint parental responsibility and specific periods of time with the child, including weekdays after school and weekend days, as well as half of the school holidays. The father sought sole parental responsibility and initially sought to relocate with the child to Darwin due to his military employment, but later withdrew this application.

The court was required to determine the paramount consideration of the child's best interests, considering the presumption of equal shared parental responsibility under section 61DA(1) of the *Family Law Act 1975* (Cth). This involved evaluating the primary considerations of the benefit of a meaningful relationship with both parents and the need to protect the child from harm, as well as various additional considerations outlined in section 60CC(3) of the Act. Key issues included the mother's history of erratic behaviour, alcohol and substance abuse, and violent conduct towards the father, contrasted with the father's consistent and responsible primary care of the child.

Justice Rose found that the presumption of equal shared parental responsibility was rebutted due to the mother's violent behaviour towards the father, and that it would not be in the child's best interests for the parties to share equal responsibility. The court accepted the father's evidence regarding the mother's behaviour and the expert evidence of Dr R, which indicated the mother's borderline personality disorder and potential for uninhibited behaviour, particularly when stressed or under the influence of alcohol. Consequently, the court made orders for the father to have sole parental responsibility, with the child to live with him. The mother was granted specific periods of time with the child during school terms, including Tuesday and Thursday afternoons and alternate Sundays, with a restraint on her consumption of alcohol or illegal substances for 24 hours prior to and during her time with the child. The court also made orders regarding telephone communication and the notification of illness or injury.