Beckworth and Garnett

This matter concerned an application by the Mother, which was dismissed by the Court. The dispute involved the living arrangements, time spent with, and communication with three children, X, Y, and Z, as well as orders regarding their medical care and the parents' communication.

The Court was required to determine the primary caregiver for each child, the specific arrangements for the children to spend time with the non-resident parent, and the terms of communication between the parents. Additionally, the Court needed to make orders concerning the children's mental and physical health, including referrals to medical professionals and the provision of information to the Independent Children's Lawyer. The Court also addressed the parents' conduct towards each other in the presence of the children and their communication methods.

The Court's reasoning led to orders that child X live with, spend time with, and communicate with each parent and siblings in accordance with X's wishes, with specific provisions for mental health support. Child Y was ordered to live with the Father, with defined time spent with the Mother, including overnight stays as per Y's wishes, and a requirement for the Father to encourage such time. Child Z was to continue living with the Father and spend time with the Mother as per existing orders. The Court also imposed significant restraints on both parents regarding negative communication about each other, discussing proceedings in front of the children, and questioning the children about their other parent or counselling sessions. Further orders mandated attendance at a Parenting Orders Program and outlined specific communication protocols between the parents.