DAVIDSON & DAVIDSON

This matter concerned orders made by Brown J in relation to the children N and L, born in October 2003. The dispute involved the parents' arrangements for the children, including living arrangements, communication, and parental responsibility. The court was required to determine the specific terms of parenting orders, including the discharge of previous orders and injunctions, and to establish a framework for the children's time with each parent, communication between the children and the wife, and the husband's responsibilities.

The court was required to determine the legal issues surrounding the children's welfare and best interests, including the allocation of parental responsibility, the specifics of time spent with each parent, and the mechanisms for communication and decision-making regarding the children's education and health. Further issues included the prevention of the removal of the children from the Commonwealth of Australia, the management of allegations of abuse, and the involvement of various professionals and agencies in the children's lives. The court also considered the need for clear communication between the parties and the protection of the children from parental conflict.

Brown J made extensive orders addressing these issues. The court discharged all previous orders and injunctions, ordering that N and L live with the husband. Specific provisions were made for the wife to spend time with the children, including detailed schedules for weekends, school holidays, and special occasions, with geographical limitations for these periods. The court also established communication protocols, including telephone contact and the use of a communication book. Crucially, the court ordered equal shared parental responsibility for N and L, with the husband having sole responsibility for decisions relating to their education and health, including psychological and emotional well-being. The wife was restrained from pursuing medical or therapeutic interventions related to allegations of abuse against the husband without specific authorisation, and similarly restrained from taking the children to professionals without the husband's written consent. The court also imposed restraints on both parties regarding the removal of the children from Australia and from discussing the proceedings or denigrating the other parent in the children's presence. Various orders were made for the service of the judgment and orders on relevant agencies and professionals, and for the discharge of the independent children's lawyer. All extant applications were dismissed, and the proceedings were removed from the list of matters awaiting finalisation.