Cody and Trinh

This matter came before Justice Le Poer Trench concerning parenting arrangements for two children born in October 2002 and March 2005. The dispute centred on the living arrangements and time spent with each parent.

The court was required to determine the nature of parental responsibility, the specific living arrangements for the children, and the allocation of time between the father and mother. Additionally, the court considered orders relating to the father's consumption of alcohol and non-prescription drugs, restrictions on the mother regarding assessments of alleged sexual abuse, the appointment and role of a Family Consultant to supervise the orders, and the involvement of counsellors and an Independent Children's Lawyer.

Justice Le Poer Trench made orders for equal shared parental responsibility. The children were to live with the father, with a detailed schedule of time allocation that progressively increased the father's time with the children, particularly as they aged and transitioned through school. Specific provisions were made for weekends, weekdays, and school holidays, with further orders addressing Father's Day, Mother's Day, and Christmas Day. The court also imposed a restraint on the father regarding alcohol and drug consumption during his time with the children and for a period prior. A Family Consultant was appointed under section 65L to supervise the orders for two years, with specific reporting and introductory requirements. The court also ordered the parties to attend counselling as recommended by a Dr W concerning the children's behaviour and protective behaviours, with the Independent Children's Lawyer to facilitate this. The orders also included a fact sheet detailing obligations and consequences of contravention.