Thornton & Thornton

In *Thornton & Thornton*, heard by Murphy J, the dispute concerned parenting orders for two children, G and V. The mother alleged that the father had engaged in sexual misconduct against the children, a belief she held based on statements made by the children. The children had provided inconsistent accounts to various individuals, including police and family members, and their statements were not unequivocally indicative of abuse. Medical examinations of the children had been conducted, and their expressed desires regarding contact with their father were also conflicting. The mother was the primary carer of the children.

The court was required to determine whether the evidence was sufficient to establish an unacceptable risk of harm to the children, thereby impacting the presumption of equal shared parental responsibility. Additionally, the court considered the admissibility and weight of expert evidence in circumstances where certain rules of evidence were excluded under s 69ZT of the *Family Law Act 1975* (Cth), which meant expertise did not need to be formally established, but the trial judge retained discretion to attribute weight based on qualifications, training, and experience.

Murphy J found that the evidence presented was insufficient to establish an unacceptable risk of harm to the children. Consequently, the presumption of equal shared parental responsibility was rebutted in the best interests of G and V. The mother was granted sole parental responsibility for major long-term decisions, subject to a requirement to consult with the father in writing before making such decisions. Day-to-day decisions were to be made by the parent in whose care the children were. The children were ordered to live with the mother, and detailed provisions were made for their time and communication with the father, including a phased introduction of unsupervised contact. The court also issued specific orders regarding the exchange of information, authorisations for access to records, and the publication of the orders and reasons for judgment to specified individuals and agencies. The Independent Children's Lawyer was directed to explain the orders to the children.