Browne and Simpson

In this matter before Judge Hartnett, the applicant mother and respondent father sought orders concerning the parenting arrangements for their two children, born in 2000 and 2003. The dispute centred on the terms of shared parental responsibility, the children's living arrangements, and the practicalities of the father's time with the children, including travel and communication.

The court was required to determine the specific orders for equal shared parental responsibility, the primary residence of the children, and the detailed schedule for the children's time with the father. This included defining the frequency and duration of weekend and holiday contact, as well as establishing protocols for communication between the children and each parent when they were not together. The court also had to address ancillary matters such as travel expenses, the provision of school information, and the father's access to the children's schools.

Judge Hartnett discharged all previous parenting orders and made new orders by consent and otherwise. The court established equal shared parental responsibility, with the children to live with the mother. A comprehensive schedule was set for the children's time with the father, encompassing specific weekends during school terms, school holidays, and an annual period from Boxing Day, with provisions for travel arrangements and associated costs to be borne by the father. The orders also stipulated communication protocols, including daily telephone contact during school holidays and weekly calls during school terms, and required each parent to inform the other of significant changes or events. The father was prohibited from attending the children's schools without invitation or consent, and the mother was authorised to obtain passports for the children, with the father to bear the costs.