Carden & Hilliard & Anor

This matter concerned parenting orders made by Tree J in relation to two children, L and D. The primary dispute involved the allocation of parental responsibility for major long-term issues, the children's residence, and their time with their father and paternal grandmother. The court was required to determine the extent of parental responsibility to be allocated to the mother and the paternal grandmother, and to establish specific arrangements for the children's living arrangements, time spent with each parent and the paternal grandmother, and communication.

The court's reasoning focused on establishing a framework for the children's upbringing that balanced the roles of the mother and the paternal grandmother. Tree J ordered that the mother have sole responsibility for most major long-term issues, but with significant carve-outs for the paternal grandmother. Specifically, the paternal grandmother was given sole responsibility for decisions concerning the children's education, and the mother was restricted from relocating the children away from their current area without the paternal grandmother's agreement or a court order. Both parties were also required to consult with each other regarding decisions about the children's health and education, with specific notice periods and obligations to consider advice.

The court made detailed orders regarding the children's residence, stipulating they live with the mother. Time spent with the father was to be supervised through Relationships Australia, and he was otherwise prohibited from spending time or communicating with the children. The children were to spend time with the paternal grandmother, with specific arrangements detailed depending on her residence, including provisions for school terms, weekends, birthdays, and holidays. The court also ordered that the Independent Children's Lawyer be discharged and all extant applications dismissed.