WADSLEY & CABASSA

In the matter of *Wadsley & Cabassa*, heard by Judge Kari, the dispute concerned parenting orders for a three-year-old child. The mother alleged that the child had suffered physical harm while in the father's care, and both parties made mutual allegations of family violence. The parties had no effective co-parenting relationship, and the father sought orders for the child to live with him and for a change in primary care.

The court was required to determine whether the presumption of equal shared parental responsibility was rebutted, and what parenting orders would be in the best interests of the child. The central legal issue was how to best protect the child's welfare and safety given the breakdown in the parents' relationship and the serious allegations made by each party against the other.

Judge Kari found that the presumption of equal shared parental responsibility was rebutted due to the mutual allegations of family violence and the mother's specific allegations of physical harm to the child by the father. The court applied the principles of the *Family Law Act 1975* (Cth), prioritising the best interests of the child. The reasoning focused on the need for a stable and safe environment, and the inability of the parties to co-parent effectively.

The court ordered that previous parenting orders be discharged. The mother was granted sole parental responsibility, with the exception that she must keep the father informed in writing about decisions regarding the child's education and medical treatment. The child was ordered to live with the mother, with specific, detailed provisions for the father's time with the child, including staggered increases in time as the child aged and commenced school. The court also made orders regarding handovers, injunctions restraining denigration and physical discipline, and requirements for communication about the child's health and wellbeing.