BASILE & WEN

This matter came before Judge McNab concerning parenting orders for three children. The dispute involved arrangements for parental responsibility and the children spending time with their father, particularly in circumstances of high parental conflict and the father's failure to attend court-ordered programs, including a Men's Behaviour Change Program.

The court was required to determine the most appropriate parenting arrangements, specifically whether to order equal shared parental responsibility or sole parental responsibility for the mother, and to establish specific live with and spend time arrangements for the children. The court also had to consider the impact of the parties' inability to co-parent and the children's demonstrated affection for both parents.

Judge McNab ordered that the mother have sole parental responsibility for the children, subject to the father being notified of long-term decisions regarding health and education and having his views considered. The children were ordered to live with the mother. The court established a structured schedule for the children to spend time and communicate with the father, including supervised face-to-face contact, telephone contact, and specific arrangements for birthdays and holidays. The father was restrained from making further applications to increase his time with the children until he completed a Men's Behaviour Change Program. Injunctions were also made restraining both parents from denigrating each other and the father from making critical remarks about the mother's medical decisions for the children. The court noted that particulars of the obligations and consequences of contravening these orders were set out in an annexure.