Birchall and Ellingford

The case of Birchall and Ellingford involved a dispute between the mother and father concerning the long-term care, welfare, and development of their two children, born in 2011 and 2012. The proceedings were before Stevenson J.

The court was required to determine the arrangements for the children's parental responsibility, living arrangements, and time spent with each parent. Key issues included the allocation of decision-making authority for long-term care, health, and education, as well as the practicalities of the children's time with each parent, including travel, communication, and the father's engagement with therapeutic interventions.

Stevenson J made orders by consent, establishing equal shared parental responsibility for long-term decisions, with the mother having sole responsibility for health and education decisions if agreement could not be reached within 28 days. The children were ordered to live with the mother. The father's time with the children was structured in a phased approach over several months, commencing with supervised contact and gradually increasing, subject to his completion of specific courses and continued engagement with his treating health professional. The orders also included provisions for travel, communication between parents and children, and the father's abstinence from alcohol during his time with the children. Each party was ordered to pay half the costs of the Independent Children's Lawyer and Dr D.