Carpenter and Carpenter (No 2)

In *Carpenter and Carpenter (No 2)*, Murphy J of the Family Court of Australia considered orders relating to the parental responsibility and living arrangements for three children. The dispute concerned the best interests of the children, B, D, and E, in light of the parents' circumstances.

The court was required to determine whether the presumption of equal shared parental responsibility was rebutted, and if so, to make orders regarding the allocation of parental responsibility for major long-term issues and day-to-day care. Further issues included the specific arrangements for the children to spend time with each parent, including during school terms, holidays, and special occasions, as well as provisions for communication and the exchange of information between the parents.

Murphy J found that the presumption of equal shared parental responsibility was rebutted in the best interests of the children. The father was granted sole parental responsibility for major long-term issues, with specific procedural requirements for him to consult the mother in writing before making final decisions. The father was also given sole responsibility for day-to-day decisions concerning the children when they were in his care, while the mother had similar responsibility when the children were in her care. The court made detailed orders regarding the children living with the father and spending time with the mother, including specific schedules for different age groups and periods. An injunction was also issued restraining the mother from taking the children to mental health professionals without the father's prior written consent, with such decisions being classified as major long-term issues. The court also made provisions for communication, information sharing, and the discharge of the Independent Children's Lawyer.