Barker and Wylie and Anor

This matter concerned parenting orders for two children, C and D, born in 2009 and 2012 respectively. The proceedings were before Cleary J. The dispute involved the paternal grandmother seeking sole parental responsibility for the children, with the father and mother also involved in the proceedings.

The court was required to determine the best interests of the children in relation to their living arrangements, parental responsibility, and the nature and extent of time each parent would spend with them. Specifically, the court had to consider whether to discharge existing parenting orders and make new orders that would grant the paternal grandmother sole parental responsibility, while also defining the father's and mother's future involvement with the children.

Cleary J discharged all prior parenting orders made in the Federal Circuit Court and the Family Court. The court reasoned that it was in the children's best interests for the paternal grandmother to have sole parental responsibility. This decision was based on the court's assessment of the circumstances and the welfare of C and D. The court then made detailed orders regarding the children's residence with the paternal grandmother, the father's time with the children by agreement with the grandmother, and the mother's time with the children, including specific days and the possibility of additional agreed times. The orders also stipulated communication arrangements between the mother and children, changeover procedures, and information sharing between the parties regarding the children's schooling and welfare. Furthermore, the court imposed restraints on both parents, prohibiting derogatory remarks about the paternal grandmother or the other parent in the children's presence.