Carlyle and Muldoon

This matter concerned orders made by O'Reilly J regarding parental responsibility and the living arrangements for two children, L and S. The dispute centred on how the parents would share responsibility for major long-term decisions concerning the children's upbringing, including their religious and cultural development, health, and education, as well as the practical arrangements for the children's time with each parent.

The court was required to determine the extent of equal shared parental responsibility for major long-term issues, specifically concerning the children's religious and cultural upbringing and decisions impacting their time with each parent. It also needed to decide on the allocation of sole parental responsibility for health and education decisions. Furthermore, the court had to establish specific orders for the children's living arrangements, including the frequency and duration of time spent with each parent, arrangements for school holidays, special days, and the practicalities of changeovers. The court also addressed communication protocols between the parents and provisions for the children's education, extracurricular activities, and health.

O'Reilly J ordered that the parties have equal shared parental responsibility for decisions concerning the children's religious and cultural upbringing and any changes to living arrangements that might significantly affect their time with a parent. This involved a requirement for genuine consultation and joint decision-making, with proposals to be made in writing and responses to be provided in writing. If joint decisions could not be reached, the parties were to consult a family law dispute resolution practitioner. However, the mother was granted sole parental responsibility for decisions regarding the children's health and education. The court then detailed specific orders for the children's living arrangements, including that they live with the mother and spend alternate weekends and defined periods of school holidays with the father, with specific provisions for soccer season and special days. Communication between the parties was to be primarily in writing, and specific protocols were established for telephone communication and the exchange of information regarding the children's activities and health. The court also made orders regarding non-denigration and transitional arrangements, including the mother's proposed move from O to R.