Day-Garner and Garner

This matter concerned parenting orders made by Guest J in the Family Court of Australia. The dispute involved the husband and wife regarding the parental responsibility and time arrangements for their two children, K and C.

The court was required to determine the terms of new parenting orders, discharging previous arrangements. Key issues included the allocation of equal parental responsibility, the primary residence of the children, and the specific time each parent would spend with the children, including during school holidays and via telephone contact. The court also considered injunctions to prevent denigration of a parent and the consumption of alcohol to excess, as well as provisions for notification of changes in living circumstances or criminal convictions.

Guest J made orders discharging all previous parenting orders and establishing equal parental responsibility for both parents. The children were ordered to live with the husband, with detailed provisions for the wife's time with the children, encompassing weekends, school holidays, Christmas, and telephone contact. The court also imposed injunctions restraining both parties from denigrating the other parent or discussing proceedings with the children, and from consuming alcohol to excess during their periods of care. Further orders addressed changeovers, notification of changed circumstances, and the discharge of the Independent Children’s Lawyer. The court noted an agreement between the parties regarding a specific weekend in lieu of another, and defined "substantial attendance" for school holiday periods.