Fegley and Salway (No 2)

In Fegley and Salway (No 2), Le Poer Trench J considered orders concerning the living arrangements and time spent with the children of the parties. The dispute centred on the future care and welfare of the children, particularly one child, C, born in 2002.

The court was required to determine the primary residence of child C, and to establish a schedule for the child to spend time with both parents. Further issues included the facilitation of communication between C and his father, the arrangements for changeovers between parents, and the involvement of a Ms L for therapy or counselling for the children and parents. The court also had to consider the role of the Independent Children's Lawyer in overseeing these arrangements and the process for relisting the matter for further review.

The court's reasoning led to a significant alteration of the existing orders. It was determined that child C would live with the father. The father was directed to encourage and facilitate C spending time with the mother on alternate weekends during NSW school terms, with specific times and locations for changeovers. The orders also mandated attendance at therapy or counselling sessions with Ms L, with the costs to be shared equally, and outlined the Independent Children's Lawyer's role in monitoring this process. Communication via text message between C and his father was also regulated.

The court discharged previous orders regarding the child's living arrangements and time spent with each parent. It ordered that child C live with the father, and established a detailed schedule for C to spend time with the mother. The parties were also ordered to attend therapy with Ms L, with specific provisions for cost sharing and the involvement of the Independent Children's Lawyer. The matter was to be relisted upon notice, with a minute of proposed orders to be provided.