Biss and Biss

This matter concerned the parents, Mr Biss (the father) and Ms Biss (the mother), and their two children, A and P. The father sought final orders for equal shared parental responsibility, with the children living with him and spending time with the mother on alternate weekends and half of school holidays. He also sought orders regarding communication, overseas travel, and specifically sought to restrain the mother from bringing the children into contact with her partner, Mr W. The proceedings were heard by O'Reilly J.

The court was required to determine the terms of final parenting orders, including arrangements for parental responsibility, living arrangements, school holidays, special days, changeovers, communication between the parties, and provisions for the children's welfare and education. A key issue involved the father's concerns regarding the mother's partner, Mr W, stemming from allegations made by P about Mr W's conduct. The court also considered the need for psychological assessment of A and the role of the independent children's lawyer.

O'Reilly J made detailed orders concerning equal shared parental responsibility, requiring the parties to consult and make genuine efforts to reach joint decisions on major long-term issues. The court established a week-about living arrangement for the children during school terms, with specific provisions for school holidays and special days. The orders also addressed communication protocols between the parties, mandating email or text message for written communication concerning the children and prohibiting denigration or discussion of adult issues in their presence. The court ordered a psychological assessment of A and stipulated that the parties share the costs of the assessment and any recommended implementation. The court also made orders regarding notification of accidents or injuries, access to medical and school information, attendance at school activities, and prohibitions on physical discipline and overseas travel restrictions.

The court ordered that the parties have equal shared parental responsibility for the children. The children were to live with each party on an equal time week-about basis during school terms, with specific arrangements for school holidays and special days. The court also made detailed orders regarding communication, the psychological assessment of A, and various other matters concerning the children's welfare, including prohibitions on denigration, discussion of adult issues, and physical discipline. The independent children's lawyer was discharged, and the parties were released from previous undertakings. Liberty to apply was granted for clarification of the orders.