Costello and Costello (No 2)

This decision concerned the living arrangements and parental responsibility for three children, D, C, and B, with the mother. The father sought orders regarding his time with the children. The court was required to determine the specific orders concerning the children's residence, the allocation of parental responsibility, and the father's time with the children, taking into account the parents' circumstances and the children's best interests.

The court's reasoning focused on establishing a framework for the children's care and the parents' future interactions. It was determined that the mother would have sole parental responsibility for long-term decisions concerning the children's education, religious and cultural upbringing, health, name, and significant changes to living arrangements. The father was to be kept informed of these decisions via email. The court then detailed specific arrangements for the father's time with the children, including alternate weekends and periods during school holidays, with provisions for Father's Day and the father's birthday.

Crucially, the father's time with the children was made conditional upon his continued psychiatric treatment, adherence to professional recommendations, and the authorisation for his treating professionals to communicate with the mother regarding his mental health and any risk to the children. He was also required to complete a post-separation parenting program. The court also made orders regarding communication between the parents, the father's access to information about the children, and the discharge of the Independent Children's Lawyer. Outstanding property settlement proceedings were remitted to the Federal Circuit Court.