Allanach and Allanach

In the matter of Allanach and Allanach, Stevenson J made orders concerning the parental responsibility, living arrangements, and time spent with the children B and C. The dispute centred on the arrangements for the children following separation, with the court tasked with determining the most appropriate orders for their welfare.

The court was required to determine the extent of parental responsibility to be afforded to each parent, specifically whether one parent should have sole responsibility. Furthermore, the court had to establish the primary living arrangements for the children and the specific schedule for the children to spend time with the father, including the nature and supervision of that time. The court also considered provisions for the health, education, and communication between the parents, as well as restraints on their conduct in relation to the children and each other.

Stevenson J ordered that the mother have sole parental responsibility for the children, with the children to live with her. The father was granted specific periods of time with the children, commencing with supervised contact and gradually increasing in duration and decreasing in supervision over time, with a detailed schedule outlined for various periods and holidays. The orders also stipulated that the mother must notify the father of proposed decisions regarding the children's long-term care and welfare and consider his views. Provisions were made for the parents to be informed about the children's health and education, and for them to attend school events. The court also imposed restraints on the parents discussing the proceedings or speaking negatively about each other or their families in the presence of the children, and required the mother to ensure an adult is present when the children are with specific individuals.