Doherty and Doherty and Anor

This matter concerned an application before Judge Altobelli in the Federal Circuit and Family Court of Australia, involving Ms Doherty (the Mother), Mr Doherty (the Father), their two children, X and Y, and the paternal grandmother, Ms V Doherty. The dispute centred on parenting arrangements for the children.

The court was required to determine issues relating to parental responsibility, the children's living arrangements, and the extent of contact and communication between the children and their father and paternal grandmother. Specifically, the court had to consider the allocation of long-term decision-making regarding the children's education, health, religious and cultural upbringing, and names, as well as the children's primary residence. Further, the court needed to address the father's ability to communicate with the children and the paternal grandmother's ability to send gifts and cards.

Judge Altobelli ordered that the Mother have sole parental responsibility for the children in relation to long-term decisions concerning their care, welfare, and development, including education, religious and cultural upbringing, health, names, and significant changes to living arrangements. The children were ordered to live with the Mother. No specific orders were made regarding the time the children spend with the Father or the Paternal Grandmother. The Father was restrained from attempting to contact the Mother, approaching her residence, or coming within 100 metres of any place she might reside, with provisions for arrest without warrant by police if the injunction was breached or if the Father caused or threatened bodily harm to the Mother, or harassed, molested, or stalked her. The Mother was ordered to keep the Father informed of serious medical issues and prescribed medications for the children, and to provide the Father with copies of school reports and circulars. The Mother was also to facilitate the Father obtaining school photos of the children and provide an email address for communication with the children, with the children able to reply to the Father's emails as they wished. The Paternal Grandmother was permitted to send gifts, cards, and letters to the children via the Mother's address.