Muldoon & Carlyle 2012 FamCAFC 135

The judge commented that orders for equal shared parental responsibility are usually made only when parents have similar views and are able to communicate with and to cooperate with each other (co-parent).  In this case the parents had communicated on only one occasion since their separation six years before (communication poor).   The presumption that equal shared parental responsibility was in the best interests of the children was found to be rebutted.

The parents lived 144 km apart requiring a 2 hour drive.  The judge found that the distance rendered it impracticable for both parents to have substantial and significant time with the children.