Elsworth and Downes

In the matter of Elsworth and Downes, heard before Judge Jones, the dispute concerned parenting orders for the parties' three children. The court was tasked with determining the future living arrangements and time arrangements for the children, as well as addressing various ancillary matters related to their care and the parents' conduct towards each other.

The court was required to determine the specific orders regarding equal shared parental responsibility, the children's living arrangements on a week-about basis, and the specific times each parent would spend with the children, including provisions for birthdays, Father's Day, Mother's Day, and Christmas. Further issues included the communication between parents and children, the suspension of arrangements during school holidays, and orders restraining denigration of the other parent. The court also had to consider orders relating to the children's schooling and notification of medical treatment, as well as the inclusion of a fact sheet detailing the consequences of contravening the orders.

The court ordered the discharge of all previous parenting orders and established equal shared parental responsibility. The children were to live with the Father and Mother on a week-about basis, with specific provisions for changeovers and mid-week time with the non-resident parent during the school term. Detailed orders were made for the allocation of time during holidays and special occasions, including Father's Day, Mother's Day, birthdays, and Christmas, with specific times and alternate year arrangements. The court also made orders for telephone contact, the suspension of the alternate weekly cycle during Christmas holidays, and restrained both parents from denigrating each other. Furthermore, orders were made regarding the children's schooling, requiring written permission for changes and specifying enrollment in the nearest public secondary school in the absence of agreement. Both parents were ordered to notify each other of any injury or illness requiring medical treatment and to keep each other informed of their contact details. The particulars of these obligations and the consequences of contravention were to be included in a fact sheet attached to the orders.