Eldred & Eldred

In the matter of *Eldred & Eldred*, Bennett J of the Family Court of Australia considered the parenting arrangements for the two children of the marriage, B and C, in circumstances of high parental conflict. The dispute centred on the viability of joint parental responsibility given the attitude of one parent, and the specific arrangements for the children's daily lives, including issues related to mobile telephone use and social networking.

The court was required to determine the most appropriate form of parental responsibility for the children, specifically whether shared parental responsibility was feasible or if sole parental responsibility for certain decisions was necessary. Further issues included the specific time each parent would spend with the children, the communication protocols between parents regarding the children's health and education, and the conditions under which the children could use mobile telephones and social media. The court also had to address the parents' conduct towards each other in the presence of the children and the children's participation in post-separation programs.

Bennett J ordered that the parents have shared parental responsibility for the children, but with the wife solely responsible for major long-term decisions concerning their health and education, requiring her to notify the husband in writing of any such decisions. The children were ordered to live with the wife, with specific, detailed arrangements for the husband's time with them, including during school holidays and special occasions. The court also imposed orders regarding the children's use of mobile telephones and social media, requiring the wife to provide notice before allowing mobile phone use and restraining the husband from permitting social media use without the mother's written permission. Furthermore, both parents were restrained from denigrating each other in the children's presence and from discussing court proceedings with them. The orders also mandated the children's attendance at a post-separation program and counselling for both parents, with the husband ordered to pay the wife's costs of a previous hearing.