Agar and Agar

Rees J made orders concerning the parental responsibility and time arrangements for two children, B and D, in a dispute between their mother and father. The proceedings concerned the welfare of the children and the arrangements for their upbringing following the separation of their parents.

The court was required to determine the appropriate orders for parental responsibility, living arrangements, and time spent with each parent for both children. Specifically, the court had to consider whether to grant sole or equal shared parental responsibility for B, and to establish a detailed schedule for D's time with each parent, including provisions for school holidays and special occasions. Further issues included the communication protocols between the parents, their involvement in the children's education and medical care, and arrangements for overseas travel.

The court applied principles of the *Family Law Act 1975* (Cth) to make orders that it considered to be in the best interests of the children. For B, the mother was granted sole parental responsibility, with an obligation to inform the father of major long-term decisions, and B was ordered to live with the mother and spend time with the father. For D, the court ordered equal shared parental responsibility and set out a comprehensive schedule for time spent with each parent, including specific provisions for school terms, holidays, birthdays, and other significant days. The orders also included detailed provisions regarding communication, information sharing, travel, and the conduct of the parents in relation to each other and the children.

The court ordered that the mother have sole parental responsibility for B, with B to live with the mother and spend time with the father. The mother was restrained from changing B's school or residence without the father's consent. For D, the court ordered equal shared parental responsibility, with a detailed schedule for time spent with each parent, including provisions for school holidays, birthdays, and other events. Both parents were to be entitled to attend all school and extra-curricular events involving D. The orders also stipulated communication protocols, information sharing regarding the children's welfare and education, and procedures for overseas travel. Crucially, both parents were ordered to refrain from making derogatory remarks about the other parent in the presence or hearing of the children.