Evans & Evans

The case of Evans & Evans concerned a dispute between parents regarding the residence and time spent with their two children. The mother had unilaterally moved interstate with the children, and allegations of abuse were made, though not substantiated. The mother's position on the children's time with the father had shifted from allowing some time to no time, resulting in the father not seeing the children for eight months.

The court was required to determine the date of the children's return to New South Wales and the specific arrangements for unsupervised time between the children and the father. This involved resolving disagreements on when the children should reside in the B Town area and the extent of the father's future contact.

Cleary J applied principles of equal shared parental responsibility, which had been agreed upon by the parties. The court's reasoning focused on establishing a stable residence for the children in B Town and ensuring substantial and significant time for the father to spend with them. The court ordered that the mother re-establish a residence in B Town by a specified date, with the children to live with her subject to compliance.

The court made detailed orders regarding the children's time and communication with the father, including specific dates and periods throughout the year, encompassing school terms, holidays, and special occasions. Further orders included restraints on the parents criticising each other in the children's presence, changing the children's residence outside B Town without consent, and specific provisions regarding communication and school liaison. The mother was also restrained from allowing the children to spend time or communicate with a Ms D.