Delaney and Timmins

In the matter of Delaney and Timmins, Dessau J of the Family Court of Australia made orders concerning the parenting arrangements for three children, M, A, and N. The dispute involved the parents' arrangements for the children's living situation, time spent with each parent, and related matters.

The court was required to determine the primary residence of the children, the allocation of equal shared parental responsibility, and the specific time each parent would spend with the children. Further issues included the children's participation in therapy, parental counselling, communication protocols, and restrictions on parental behaviour and the removal of children from Victoria. The court also addressed the role of the Independent Children's Lawyer and the explanation of the orders to the children and parents.

Dessau J ordered that the children live with the Mother, with a suspension of this order for child A until the orders were explained. Both parents were granted equal shared parental responsibility. The court detailed specific, alternating time arrangements for the children to spend with the Father, including during school terms and holidays, with provisions for Christmas and Father's Day. The orders also mandated participation in parenting programs and therapy for both parents and the children, with equal cost sharing for family therapy. Restrictions were placed on parental conduct, including prohibitions against denigrating the other parent in the children's presence and against excessive alcohol or illegal substance consumption. The court also requested that the orders be explained to the parties by a Family Consultant.