ZEEHAN & ARCHIBALD

In the matter of *Zeehan & Archibald*, Benjamin J of the Family Court of Australia considered allegations of sexual abuse concerning the child, V Zeehan-Archibald. The dispute centred on whether the child was at an unacceptable risk of sexual abuse in the unsupervised care of his father, Mr Archibald, and whether the child ought to be permitted to relocate with his mother, Ms Zeehan, from Tasmania to New South Wales.

The court was required to determine whether the presumption of equal shared parental responsibility applied, given the allegations of unacceptable risk. Furthermore, the court had to consider whether it was in the best interests of the child for the mother to have sole parental responsibility and to relocate with the child.

Benjamin J found that the child was at an unacceptable risk of sexual abuse in the unsupervised care of the father, which meant the presumption of equal shared parental responsibility did not apply. The court concluded that it was not in the best interests of the child for the father to have shared parental responsibility. Consequently, the mother was granted sole and exclusive parental responsibility for the child and permitted to relocate the child's primary residence to New South Wales. The child was ordered to live with the mother, and spend supervised time with the father three times per year in New South Wales, with the mother to cover the father's return airfare and contact centre fees for these visits. By consent, the father's contravention application was dismissed, and all outstanding parenting applications were dismissed. The court also directed that various documents, including reports and affidavits, be forwarded to the Secretary of the Department of Health and Human Services Tasmania.