Cunningham and Cunningham (No.2)

This case involved an application before Judge O’Sullivan concerning parenting orders for two children, X and Y. The dispute centred on the arrangements for the children's residence, time spent with each parent, and parental responsibility.

The court was required to determine the specific orders regarding the children's living arrangements, the extent and nature of the time the children would spend with each parent, and how parental responsibility would be exercised. This included decisions on who would have sole parental responsibility, the specifics of the children's time with the father during school terms and holidays, and provisions for communication and special occasions. The court also had to consider orders relating to the children's schooling, medical care, and restrictions on parental conduct in the children's presence.

Judge O’Sullivan ordered that the mother have sole parental responsibility for the children, subject to specific requirements for consultation with the father before making ultimate decisions on certain issues. The children were ordered to live with the mother. Detailed provisions were made for the children to spend time and communicate with the father, including specific arrangements for weekends, school holidays, Christmas, New Year, birthdays, and regular telephone contact. The orders also stipulated the location for changeovers, the enrolment of the children in specific schools, and the father's right to access school information and attend school activities. Further orders addressed the nomination of a treating general practitioner for the children and imposed restraints on both parents from verbally abusing, harassing, belittling, or denigrating the other parent in the children's presence, or allowing the children access to court documents.