Esser and Backer

This matter concerned orders made by Judge Middleton regarding the parental responsibility and living arrangements for two children, [X] and [Y]. The dispute centred on the arrangements for the children's time with each parent, including travel, communication, and the sharing of information concerning their welfare.

The court was required to determine the specific orders concerning equal shared parental responsibility, the primary residence of the children, and the detailed arrangements for the children to spend time with each parent. Further issues included the practicalities of travel between the Northern Territory and Victoria, communication protocols between the parents, and the exchange of information regarding the children's health and education. The court also had to consider provisions for interstate and overseas travel and the management of the children's passports.

The court made orders establishing equal shared parental responsibility for the children. The children were ordered to live with the father in Victoria, with specific provisions for the mother to spend time with them during school holidays, long summer holidays, and on birthdays. The orders also detailed arrangements for travel, including the mother's responsibility for purchasing airfares and the children travelling as unaccompanied minors, with cost-sharing for flights. Communication between parents and children was to occur via scheduled calls and at the children's discretion, with a strict protocol for email correspondence for all other matters, except in emergencies. Both parents were to be kept informed of the children's health and welfare, and provisions were made for interstate and overseas travel, requiring written consent and advance notification, along with equal sharing of passport-related costs.

In addition to these primary orders, the court included a set of alternative orders that would apply if the mother returned to Victoria. These alternative orders also provided for equal shared parental responsibility but stipulated a week-about living arrangement for the children between both parents, with similar provisions for communication, birthdays, and travel.