Donella and Donella

In the matter of *Donella and Donella*, Forrest J of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for the parties' children. The proceedings involved disputes between the mother and father regarding the children's welfare.

The court was required to determine the primary caregiver for the children, the extent of parental responsibility to be allocated to each parent, and the specific arrangements for the children to spend time with the father, including the nature and supervision of that time. Further issues included the father's participation in therapeutic programs, communication protocols between the parents and the children, and the dissemination of information regarding the children's health and schooling. The court also addressed the prohibition of discussing sensitive allegations with the children and the restraint on denigrating the other parent.

Forrest J ordered that the mother have sole parental responsibility for major long-term issues, subject to specific consultation requirements with the father. The children were ordered to live with the mother. The father's time with the children was to commence with supervised contact, gradually transitioning to unsupervised contact with detailed arrangements for weekends, holidays, and special occasions. The father was also ordered to complete specific parenting and behaviour change programs, and communication between the father and children was to follow a phased approach, initially limited to written correspondence and later expanding to electronic and telephone contact. The mother was directed to keep the father informed of the children's residential address, schooling, and medical and therapeutic care, with specific exceptions where such disclosure might be contrary to the children's best interests. Both parents were restrained from discussing sexual abuse allegations or denigrating each other in the children's presence. The court also ordered the use of a communication book and authorised the publication of the orders and reasons for judgment to specified individuals and organisations. The Independent Children’s Lawyer was discharged, and all extant applications were dismissed. Costs were ordered to be shared equally between the mother and father for the independent social worker's fees and the Independent Children’s Lawyer's professional fees.