Betty and Ogienko and Ors

This matter concerned parenting orders for two children, D and T, born in 2005 and 2008 respectively. The proceedings involved the children's mother and their maternal grandmother. The court was required to determine the future parental responsibility and living arrangements for the children, as well as the time they would spend with their mother.

The central legal issues before the court were the allocation of parental responsibility, the primary residence of the children, and the specific arrangements for the children to spend time with their mother. The court also had to consider orders relating to communication between the children and their mother, as well as provisions for the exchange of information regarding the children's education and well-being. Further issues included restrictions on the mother's alcohol consumption and prohibitions against denigration of family members in the children's presence.

Austin J discharged all former parenting orders and made new orders. The maternal grandmother was granted sole parental responsibility, and the children were to live with her. The court then detailed specific arrangements for the children to spend time with the mother, including alternate Sundays, Mother's Day weekend, and specific dates around May and July. Detailed provisions were also made for Christmas time, alternating between the children spending time with the mother on Christmas Eve and Christmas Day in odd and even years respectively. The orders also stipulated regular telephone communication between the children and both parents, and established a specific location for the handover of the children. Crucially, the mother was restrained from consuming alcohol during periods of time spent with the children and for 12 hours prior, and both parents were prohibited from denigrating each other or other family members in the children's presence. The maternal grandmother was also directed to provide school reports to the mother at her expense, and both parties were ordered to keep each other informed of their contact details and the children's activities.