Whitman & Burr

In *Whitman & Burr*, heard by Murphy J, the dispute concerned the parenting arrangements for two children, C and D. The court was required to determine with whom the children would live, the extent to which they would spend time with each parent, and the nature of parental responsibility, particularly in light of concerns about the children's best interests, including risks of emotional, physical, and sexual harm.

The court found that the presumption of equal shared parental responsibility was rebutted due to the best interests of the children. Consequently, the father was granted sole parental responsibility for major long-term issues, with specific obligations to consult the mother in writing before making final decisions. The court also ordered that the children live with their father and established a detailed schedule for supervised time with their mother, which was to be borne equally by both parties. Further orders addressed communication between the parents and restrictions on the mother's contact with the children, including a prohibition on contact with her fiancé.

The court's reasoning focused on the paramount consideration of the children's best interests, which necessitated a departure from equal shared parental responsibility. The orders reflected a carefully calibrated approach to ensure the children's safety and well-being, including provisions for counselling and information sharing between parents. Restrictions were imposed on the mother's contact with the children and her fiancé until a specified date, after which some restrictions were to be discharged or modified. The Independent Children's Lawyer was directed to provide the judgment reasons to relevant professionals.