BAXTER & BARBER

This case involved an application concerning the children X and Y, born in 2006 and 2007 respectively. The dispute centred on parental responsibility and living arrangements for the children. The matter was heard by Judge Henderson.

The court was required to determine the primary caregiver for the children and the extent of the father's time with them, considering the strength of the sibling relationship and the children's ability to maintain a relationship with both parents. The court also had to consider specific conditions and restrictions on the father's time with the children, including therapeutic interventions and restraints on his behaviour and the behaviour of his partner.

Judge Henderson ordered that the mother have sole parental responsibility for long-term decisions regarding the children's care, welfare, and development, and that the children live with the mother. The father was granted specific, phased-in time with the children, subject to various conditions, including therapeutic intervention to address grief, adjustment to the new arrangements, and improvement of his parenting and communication. The orders also included detailed provisions for communication between the children and parents, and significant restraints on both parents regarding their conduct towards each other, the children, and in relation to public discussion of the proceedings. The court also made orders regarding the facilitation of time with the father, including specific pick-up and drop-off arrangements.