DEMETRIOU & DEMETRIOU

This case involved parenting disputes between the father and mother concerning their children, CC and DD. While the parties reached agreement on most issues, discrete matters regarding parental responsibility and time spent with the children required determination by Harper J of the Family Court of Australia.

The court was required to determine the allocation of sole parental responsibility for the youngest child, DD, specifically in relation to health decisions. Further issues included the assessment of risk arising from the mother's self-medication of the children and her mental health, and the terms of DD's time spent with the mother. The court also needed to address orders concerning the children's medical examinations, compliance with treatment plans, and the mother's ongoing psychological treatment.

Harper J made consent orders that prevailed over prior parenting orders to the extent of inconsistency. The father was granted sole parental responsibility for DD's health decisions, with a requirement to consult the mother in writing and genuinely consider her input before making a final decision. In all other respects, the parties were to have equal shared parental responsibility for DD. The mother was restrained from submitting any of the children to psychiatric, psychological, or related medical examinations without the father's written consent and a GP referral, except in emergencies. Both parties were ordered to comply with treatment plans and guidelines from the children's treating practitioners. The mother was also ordered to continue attending her treating medical practitioners and to inform the father if she was not complying with treatment or ceased treatment. The court also made orders regarding family counselling for CC and established a dispute resolution process for future disagreements.