WHYTE & DODDS

This case concerned orders made by Judge Terry regarding the parental responsibility and time arrangements for two children, X and Y. The dispute centred on the nature and extent of the father's involvement in the children's lives, particularly in light of the children's residence with the mother and the father's geographical distance.

The court was required to determine the primary considerations under section 60CC(2) of the *Family Law Act 1975*, namely the benefit to the children of having a meaningful relationship with both parents and the need to protect them from harm. Specifically, the court had to assess whether the proposed time arrangements would allow for a meaningful relationship with the father and whether there was any risk of harm to the children. The court was also obliged to apply the presumption of equal shared parental responsibility under section 61DA of the Act, unless certain exceptions applied.

Judge Terry reasoned that while the father's proposed contact arrangements would allow for a meaningful relationship, it would not be of the same significance as the mother's relationship due to the limited time and the father's inability to participate in daily caring tasks or school-related activities. The court found no evidence to suggest that Y would be at unacceptable risk of harm if brought into contact with the paternal grandparents, and any potential risk to X concerning B could be managed by restraining direct contact. The presumption of equal shared parental responsibility was therefore applied.

The court ordered the discharge of all previous orders concerning the children. It was ordered that the parents have equal shared parental responsibility, and the children shall live with the mother. Specific time arrangements for the children to spend with the father were detailed, with different provisions applying before and after X reached the age of 12. Further orders included provisions for communication, school involvement, and restrictions on the father regarding contact with paternal grandparents and B, as well as a prohibition on alcohol consumption prior to and during time with the children, and a restraint on physical chastisement. Each parent was also restrained from denigrating the other in the presence of the children and required to notify the other of any medical emergencies.