Carl and Caldwell and Anor

This matter concerned an application for parenting orders regarding two children, B and C, born in 2006 and 2007 respectively. The parties involved were the mother, the maternal grandmother, and the father. The proceedings were heard by Cleary J.

The court was required to determine the most appropriate arrangements for the children's living situation, parental responsibility, and time spent with each parent, considering the complex family dynamics and the children's best interests. Key issues included the allocation of equal shared parental responsibility, where each child would live, and the nature and extent of contact between the children and their respective parents and each other. The court also had to consider provisions for the children's therapeutic counselling, schooling, and communication protocols between the parties.

Cleary J applied the principles of the *Family Law Act 1975* (Cth), focusing on the paramount consideration of the children's best interests. The court ordered that the mother and maternal grandmother share equal parental responsibility for both children. B was ordered to live with the maternal grandmother, while C was ordered to live with the mother. The orders detailed specific arrangements for time spent and communication between the children and their parents, and between the siblings themselves, with a strong emphasis on fostering their relationship with each other and with each parent. The court also made specific orders regarding ongoing therapeutic counselling for each child, school arrangements, and prohibitions against denigrating other parties or questioning the children about them. Further orders addressed drug use prior to contact and notification requirements for significant events or changes in contact details.