Day and Dawson

This matter concerned parenting orders for two children, X and Y, and was heard by Judge Small. The dispute involved the father and mother seeking to establish new arrangements for the children's care and contact following previous orders.

The court was required to determine the nature of parental responsibility, where the children would live, and the specific time the father would spend with each child. Additionally, the court had to consider communication protocols between the parents, arrangements for changeovers, and prohibitions against denigration and discussion of court proceedings in the children's presence. The court also had to address the provision of counselling for one of the children and the dissemination of relevant reports and judgments.

Judge Small discharged all previous parenting orders and made new orders for shared parental responsibility, with the children to live with the mother. The father's time with X was made contingent on X's instigation and comfort, to be determined in consultation with X. For Y, detailed provisions were made for the father's time during school terms, holidays, and specific annual events, including provisions for telephone and electronic communication. The court also imposed injunctions restraining both parents from denigrating each other, discussing court proceedings with the children, and engaging in harassing behaviour. Provisions were made for the use of a communications book and for genuine emergencies.