Every and Mcnaught

This matter concerned an application before Johns J concerning the welfare of two children, B and C. The dispute involved the parents' arrangements for the children's time with each parent, including specific periods of care, communication, and the children's schooling. The orders also addressed the children's medical needs and the procedural conduct of the proceedings.

The court was required to determine the interim parenting arrangements for the children, including the father's time with them during a specific period in December 2013 and January 2014. Key issues included the mother's ability to remove the children from school, the children's contact with their mother, and the father's responsibility for the children's medical treatment, specifically concerning ADHD medication. The court also considered orders relating to the children's attendance at trial and the consequences of non-compliance with court orders.

Johns J made detailed orders regarding the children's time with each parent, including specific dates and times for the father's care. The mother was restrained from removing the children from school on certain dates and was limited in her attendance at the school. The court also ordered that the children could telephone their mother twice weekly and that the mother provide her contact number to the father. The father was directed to ensure one child attended a general practitioner to renew a prescription for ADHD medication and to administer the medication as prescribed. The court also made orders concerning the filing of affidavits, the children's attendance at trial, and the restraint of both parents from removing the children from Victoria. The orders incorporated a Fact Sheet detailing obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the relevant legislation.