Clausen and Vinter

This matter concerned an application before Judge A Kelly in the Federal Circuit Court of Australia, involving the parents of three children, [X], [Y], and [Z]. The core of the dispute revolved around parenting arrangements for the children, specifically the time they would spend with their father.

The court was required to determine the specific orders regarding the children's time with the father, including the frequency and duration of these periods, particularly in relation to school terms and holidays. Additionally, the court needed to address the practical arrangements for the children's changeovers, the involvement of the paternal grandmother in these arrangements, and the necessity of independent representation for the children. The court also considered the need for both parents to participate in post-separation parenting programs and the imposition of injunctions to protect the children from parental conflict.

In its determination, the court made detailed orders concerning the father's time with the children, commencing with alternate weekends and progressing to longer periods from the start of the 2019 school term. Specific arrangements were also outlined for school holiday periods. The court directed that the paternal grandmother could facilitate changeovers and ordered that an Independent Children's Lawyer be appointed to represent the children's interests, with specific directions on their role and responsibilities. Furthermore, both parents were mandated to attend and complete post-separation parenting programs, and injunctions were granted restraining both parents from denigrating each other or discussing the proceedings in the presence of the children.