WENDEL & DABNEY

This matter concerned an application by the father for sole parental responsibility for the parties' children. The mother had failed to disclose serious criminal behaviour and had a history of drug-related offences. Furthermore, the children had expressed a desire not to see their mother during a Child Inclusive Conference.

The central legal issue before the court was whether the presumption of equal shared parental responsibility, as stipulated by the *Family Law Act 1975* (Cth), was rebutted in favour of an order for sole parental responsibility for the father. This required the court to consider the factors outlined in section 60CC of the Act.

Egan J found that the mother's omissions regarding her criminal behaviour and her history of drug offences, coupled with the children's expressed wishes, were significant factors that weighed against the presumption of equal shared parental responsibility. Applying the principles of section 60CC, the court determined that it was in the best interests of the children for the father to have sole parental responsibility. The application was accordingly granted.