Challis and Challis

In the Family Court of Australia, Justice Carew presided over proceedings involving the mother and father of two children, X and Y. The dispute concerned parenting arrangements for the children, with the matter concluding by consent after the mother had been cross-examined.

The court was required to determine the terms of parenting orders, including the allocation of parental responsibility for long-term issues, the specific living arrangements for the children, and provisions for communication and contact between the children and each parent. The court also needed to address the manner in which decisions regarding the children's welfare would be made and how the parents would interact with each other concerning the children.

Justice Carew's reasoning led to orders establishing equal shared parental responsibility for all major long-term issues. The parents were directed to consult and make genuine efforts to reach joint decisions on matters such as changing the children's names, relocation, school changes, and significant medical interventions, though consultation was not required for daily care. The orders then detailed a specific schedule for the children to live with the father and mother, including alternate weekends and school holidays, with provisions for special days like birthdays and holidays. Further orders mandated communication protocols, including telephone contact, and stipulated that each parent would keep the other informed of their contact details and the children's medical and educational information, with provisions for privacy and respectful communication.

The court ordered that Ms C be retained to explain the orders to the children and provide self-protection education, with the father to bear the costs. The independent children's lawyer was discharged, and all previous parenting orders were set aside, with each party to bear their own costs. It was noted that the mother accepted the father did not present an unacceptable risk of harm to the children, and both parents agreed not to discuss allegations of risk with the children, instead agreeing to consult Ms C on how to respond to any questions the children might have.