Ennis & Ennis

This case concerned a dispute between a father and mother regarding the parenting arrangements for their five children. Allegations of emotional abuse, physical abuse, and neglect were raised in relation to the children.

The court was required to determine the best interests of the children, specifically addressing issues of parental responsibility, living arrangements, and the extent of time the children would spend with each parent. A significant issue was the potential for splitting siblings, with some children living with the father and others with the mother. The court also considered the need for counselling and post-separation parenting programs.

Murphy J ordered that the parents share equal parental responsibility for major long-term issues, requiring consultation and genuine effort to reach joint decisions. However, the mother was assigned responsibility for the daily care of children living with her, and the father for those living with him. The older children, M and L, were to live with the father and spend time and communicate with the mother as they chose, with the father facilitating this. The younger children, C, S, and W, were to live with the mother, with the father to spend time with them on weekends and by telephone, subject to specific holiday arrangements. The court also mandated counselling for the children and attendance at a post-separation parenting program, with the father to bear the costs of counselling. Both parents were ordered to facilitate communication between the children and the other parent, keep each other informed of addresses and medical information, and encourage the children's relationship with the other parent, refraining from denigrating the other parent. Changeovers were to occur at a designated contact centre. An Independent Children’s Lawyer was appointed to represent the interests of the children.