Batista and Marston and Ors

This matter concerned parenting orders made by Judge Newbrun in the Federal Circuit Court of Australia. The dispute involved the father, the mother, and the paternal grandparents, and concerned the living arrangements and time spent with four children: [X], [Y], [Z], and [W]. The court was required to determine the specific orders regarding where each child would live, the allocation of parental responsibility, and the detailed arrangements for the children's time with each party, including during school holidays and term time.

The court's reasoning focused on establishing a stable and appropriate living arrangement for each child, balancing the roles of the mother, father, and paternal grandparents. The orders reflect a complex division of care, with the girls ([X], [Y], and [Z]) to live with the mother and [W] to live with the paternal grandparents. Parental responsibility was allocated with varying degrees of shared responsibility and consultation requirements, particularly concerning long-term decisions. The court also set out detailed provisions for the children's time with each party, communication protocols, and restrictions on certain behaviours, such as discussing proceedings with the children or speaking critically of other parties in their presence.

The final orders established that the girls would live with the mother, while [W] would live with the paternal grandparents. The mother would have sole parental responsibility for the girls, with consultation required for long-term decisions. The mother and paternal grandparents would share equal parental responsibility for [W], also with a requirement to consult the father on long-term decisions. Specific time arrangements were detailed for school holidays and term time, including provisions for the father's time with [W] under the general supervision of the paternal grandparents. Further orders addressed communication, school reporting, extracurricular activities, health notifications, and prohibitions against physical discipline, discussing proceedings with the children, speaking critically of each other, and exposing the children to violence or illicit substances.