WALDEN & COOPER

In the matter of WALDEN & COOPER, the dispute concerned the allocation of parental responsibility for two children, X and Y. The mother sought sole parental responsibility, while the father sought equal shared parental responsibility. The Independent Children’s Lawyer supported the father's application for equal shared parental responsibility. The case was heard by Austin J.

The court was required to determine whether the presumption of equal shared parental responsibility applied, given allegations of family violence. It also needed to ascertain the children's best interests regarding their living arrangements and the time they would spend with each parent.

Austin J concluded that the presumption of equal shared parental responsibility did not apply due to reasonable grounds to believe the father had engaged in family violence. However, the court found that the evidence otherwise demonstrated that the children's interests would be best served by the parties sharing parental responsibility equally. The court ordered that the children live with the mother and that the parties have equal shared parental responsibility. The court also made detailed orders regarding the time the children would spend with the father, commencing with supervised contact and gradually expanding to alternate weekends and school holiday periods, taking into account the children's ages and the eldest child's anxiety.