Cales & Cales

This matter concerned an application by the husband and wife regarding parenting orders for their two children, J and E. The court was required to determine the specific arrangements for the children's residence, contact with each parent, and related matters.

The primary legal issues before the court were the establishment of equal shared parental responsibility for the children, the determination of the children's primary residence, and the detailed allocation of time between the parents, including specific provisions for school holidays, birthdays, and other significant dates. The court also had to consider the facilitation of telephone contact between the children and the non-resident parent, and the prevention of any obstruction or interference with such contact. Furthermore, the court addressed the wife's ability to relocate with the children and the husband's responsibilities regarding collection and delivery.

Cohen J ordered that the parties have equal shared parental responsibility for J and E. The children were to reside with the husband on alternative weekends, for specific halves of school holidays depending on whether the year was odd or even, and for a portion of each Wednesday during school terms. The orders also detailed specific arrangements for Father's Day, the husband's birthday, and Christmas Day in even-numbered years. The wife was ordered to facilitate telephone contact with the husband and was restrained from obstructing it, with similar provisions made for the husband to facilitate contact with the wife. The wife was also restrained from moving the children's home more than 30km from the Sydney GPO. The children were to reside with the wife at all other times, subject to specific provisions for Mother's Day, the wife's birthday, and Christmas Day in odd-numbered years. The husband was responsible for collecting and delivering the children for his periods of residence.