Cubbin and Cutler (No.2)

In *Cubbin and Cutler (No.2)*, Judge Neville of the Federal Circuit Court of Australia made orders concerning the parental responsibility and living arrangements for two children, X and Y. The dispute centred on the parents' ability to co-parent effectively and the mother's proposed relocation.

The court was required to determine the most appropriate orders for the children's welfare, specifically addressing issues of equal shared parental responsibility, the children's primary residence, the father's time with the children, and the mother's ability to relocate. Additionally, the court considered the need for orders restraining negative commentary about a parent in the children's presence and prohibiting discussion of court proceedings with the children. The court also had to decide on the necessity of ongoing therapeutic and consultative interventions for the parents.

Judge Neville ordered that the parties have equal shared parental responsibility for the children, who are to live with the mother. The father was granted time with the children for five nights per fortnight, and school holidays were to be divided equally between the parents. Crucially, the mother was restrained from relocating to a specific property and from moving the children's residence from their current location in New South Wales without further court order. The court also imposed orders restraining both parents from speaking negatively about each other to or in front of the children, and from discussing court proceedings with them. To foster improved communication and co-parenting, the parties were ordered to attend monthly family therapy for 12 months and to engage in monthly mediated consultations regarding parenting issues. The Independent Children's Lawyer was discharged. The court also noted an existing order regarding the child Y's name.