Cao and Cao

This matter concerned parenting orders for two children, B and C, and was heard by Hannam J. The dispute revolved around the living arrangements for the children and the time they would spend with each parent.

The court was required to determine the primary residence of the children, the specific arrangements for the father's time with them, including weekend and weekday contact, and provisions for special days such as Mother's Day and Father's Day. Additionally, the court needed to establish a schedule for school holiday time and address specific restrictions on the father's conduct, including prohibitions on sleeping with the children, discussing the proceedings with them, and denigrating the mother. The court also considered the need for independent representation for the children and the process for securing such representation.

Hannam J made orders that the children would live with the mother. The father was granted specific periods of time with the children, including alternate weekends and Tuesday evenings, with detailed provisions for collection and return. The orders also stipulated that the children would spend Mother's Day with the mother and Father's Day with the father, with specific arrangements for these occasions. School holiday time was divided between the parents based on odd and even numbered years. Crucially, the father was restrained from sleeping with the children, discussing the proceedings with them, or denigrating the mother in their presence. The court also ordered that the children's interests be independently represented by a lawyer, with the Legal Aid Commission of New South Wales requested to make arrangements for this representation. Leave was granted to the Independent Children's Lawyer to issue subpoenas and have photocopy access to documents produced on subpoena.