Birdwood and Heggarty

This matter concerned parenting orders sought by the mother and father in relation to their two children, X and Y. The dispute centred on the appropriate arrangements for the children's residence, time spent with each parent, and the extent of each parent's involvement in the children's schooling and welfare. The court was required to make orders that best served the interests of the children.

The court was tasked with determining the primary caregiver for the children, the nature and extent of the children's time with the non-resident parent, and the mechanisms for information sharing regarding the children's education and health. Further issues included the father's access to school-related activities, parental communication protocols, travel arrangements, and the possession of the children's passports. The court also considered undertakings provided by the mother regarding her ongoing psychological treatment and the children's therapeutic needs.

In its determination, the court made orders granting the mother sole parental responsibility for the children, subject to specific conditions requiring her to consult with the father on significant decisions and to inform him in writing of her final choices. The children were ordered to live with the mother, and to spend time with the father as sought by the children, provided it did not disrupt their schooling. The court also stipulated detailed provisions for the father to receive school reports and health information, and imposed an injunction restraining the father from attending at the children's schools unless specifically requested by both children. Provisions were also made for travel, communication, and the issuance and possession of passports, with the mother ultimately permitted to take the children on overseas holidays and to hold their passports. The Independent Children's Lawyer was discharged.