All is not lost when the Presumption of Equal Shared Parental Responsibility is rebutted.

A significant issue in Lansdowne & Shannon [2014] FamCA 331 (http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2014/331.html?stem=0&synonyms=0&query=title(%222014%20FamCA%20331%22) heard by Aldridge J in the Sydney Registry of the Family Court from 10-13 February 2014 was parental responsibility.

His Honour found that the father had engaged in family violence to the extent that he considered that the presumption that there be equal shared parental responsibility had been rebutted. 

Notwithstanding that the presumption was held not to apply, His Honour still made an order for equal shared parental responsibility on the basis that it was in the best interests of the children to do so.

In holding that there should be an order for equal shared parental responsibility, His Honour placed reliance on the evidence of the single expert, Ms B, who was strongly in favour of there being equal shared parental responsibility, noting that it would be important for the children to understand that both parents have a significant say in the future of their lives.