ALDREDGE & KENNARD

In ALDREDGE & KENNARD, heard by Judge O'Sullivan, the dispute concerned parenting arrangements for three children, X, Y, and Z. The mother sought orders for the children to live with her in Town B and spend time with the father, while the father sought orders for the children to live in Region C and spend equal time with each parent. The court considered evidence from a report writer and the position of the Independent Children’s Lawyer in determining the children's best interests.

The primary legal issues before the court were to determine the living arrangements for the children and the quantum of time each parent would spend with them, with a view to making orders that were in the children's best interests. The court also had to address the practicalities of the children's return to Region C, including school enrolment and potential quarantine requirements due to the COVID-19 pandemic.

The court made orders by consent regarding equal shared parental responsibility and the discharge of previous orders. The children were ordered to return to Region C and re-enrol in their previous schools. Specific arrangements were made for the child Z to live with and spend time with each party according to her wishes. For children Y and Z, initial orders provided for them to live with the father and spend time with the mother via electronic communication and during school holidays, with the father bearing quarantine costs if required. These arrangements were to transition to a week-about living arrangement once the mother returned to Region C and secured suitable accommodation, with shared holiday time and specific provisions for special occasions. The court also made orders concerning communication between parents regarding the children's health, schooling, and general welfare.