Elliot and Day

In the matter of Elliot and Day, heard before Judge Altobelli, the dispute concerned parenting orders for two children, X and Y. The proceedings involved applications by both the mother and the father regarding the children's living arrangements, parental responsibility, and the ability to travel internationally.

The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing issues of sole parental responsibility, the children's primary residence, the nature and extent of the father's time with the children, and the arrangements for the children's passports, including whether the father's consent was necessary for their issuance. The court also considered orders to prevent disparaging remarks about either parent or their families in the children's presence.

Judge Altobelli ordered that the mother have sole parental responsibility for both children and that they live with her. The father was granted supervised time with the children at a contact centre, no more frequently than each alternate month, with the mother responsible for delivery and collection. The father was ordered to pay all associated supervision fees. The mother was given sole responsibility for passport arrangements, and passports were to be issued to enable the children to leave Australia, notwithstanding the father's lack of consent. Finally, both parties were ordered to refrain from making critical remarks about each other or their families in the children's presence and to ensure third parties did the same.