DONALDSON & SORRELL

This matter concerned parenting arrangements for two children, [X] and [Y], before Judge O'Sullivan. The dispute arose following the parents' final separation in September 2011, with existing consent orders from December 2012 governing the children's living arrangements and time with their father. The mother had significantly inhibited the father's time since early 2016, citing protective concerns related to alleged emotional and physical abuse. Two Intervention Orders were reportedly in place against the father, one protecting [X] and the other protecting the mother and [Y], which the father had agreed to without admissions.

The court was required to determine the future parenting arrangements for the children, including where they would live, the extent of parental responsibility, and the specific time the children would spend with each parent. Key issues included assessing the alleged protective concerns against the father, the impact of these concerns on the children's welfare, and the appropriate level of communication and decision-making power for each parent. The court also needed to consider the father's alleged history of violence and the mother's reported anxieties.

Judge O'Sullivan discharged all previous parenting orders and made new orders that the children would live with the mother and that she would have sole parental responsibility. The mother was required to advise the father in writing of any decisions regarding the children's health, education, or religion, providing him an opportunity to respond, with the mother retaining the final decision-making authority in cases of disagreement. The orders detailed specific arrangements for the children to spend time and communicate with the father, with variations depending on the father's residential proximity to the children's school. The court also imposed injunctions restraining the father from recording telephone conversations with the children and from using physical discipline. Both parents were restrained from denigrating the other parent in the children's presence, discussing court proceedings with the children, and were limited to written or SMS communication with each other, except as otherwise provided. The father was ordered to obtain counselling for impulse control and conflict resolution, and both parents were directed to engage in counselling and dispute resolution services.

The court ordered that the children live with the mother and that she have sole parental responsibility. The father was granted specific time with the children, subject to various conditions and communication protocols. Injunctions were imposed on both parents regarding communication and conduct in the presence of the children. The Independent Children's Lawyer was discharged, and all other applications were dismissed.