Barry and Gaines

In the matter of Barry and Gaines, Judge McGuire considered orders concerning the parental responsibility and living arrangements for two children, [X] and [Y]. The dispute centred on how the parents would share responsibility for and time with the children, as well as related matters concerning communication, school involvement, and extracurricular activities.

The court was required to determine the extent of equal shared parental responsibility for the children, establish a primary residence for them, and delineate specific periods of time each parent would spend with the children, including during school holidays and public holidays. Further issues included orders restraining the parents from discussing the proceedings with the children or denigrating the other parent in their presence, facilitating communication regarding the children's schooling, and regulating their participation in extracurricular activities.

Judge McGuire ordered that all existing orders regarding the children be discharged and that both parents have equal shared parental responsibility. The children were ordered to live with the father for specific fortnightly periods, during school holidays, and on alternate Christmas and Easter periods, with detailed provisions for changeovers. The mother was to have the children at all other times. The court also made orders restraining both parents from discussing the proceedings with the children or denigrating the other parent. Provisions were made for both parents to receive school correspondence and attend school events, and for the children to attend Greek school lessons. Finally, neither parent was permitted to enrol the children in other extracurricular activities without the other's written consent.