Eaves and Weir

This matter concerned orders made by Judge Altobelli regarding parental responsibility, living arrangements, and time spent between the Father and the children, X and Y. The dispute centred on the specific terms of these arrangements, including school holidays, special occasions, and changeover procedures. The court also addressed provisions for communication between the parents, health and education matters, and restraints on their conduct in the presence of the children.

The court was required to determine the specific orders for parental responsibility, the children's living arrangements, and the allocation of time the children would spend with each parent. This included defining the parameters for school term weekends, special occasions such as Christmas and Easter, children's birthdays, and school holidays. Further issues included establishing protocols for changeover arrangements, health and education information sharing, and communication between the parties, as well as imposing restraints on derogatory remarks made about each other in the children's presence.

Judge Altobelli made detailed orders concerning parental responsibility, granting the Mother sole parental responsibility for the children. The children were ordered to live with the Mother. Specific orders were made for the Father to spend time with the children on alternate weekends during school terms, with detailed provisions for Christmas, Easter, and the children's birthdays, including specific timings and conditions. The court also established extended time arrangements for school holidays and outlined specific changeover procedures, including notification requirements and the possibility of third-party facilitation. Provisions were made for the parents to keep each other informed about the children's health, education, and significant events, with the Mother solely empowered to enrol the children in sport. Communication between the parties was to be primarily through a communication log book, with exceptions for emergencies and travel notifications. Finally, both parties were restrained from making derogatory remarks about each other in the children's presence.