Fells and Fells

The case of Fells and Fells concerned parenting orders made by Watts J in the Federal Circuit and Family Court of Australia. The dispute involved the arrangements for the children B, C, D, and E, specifically regarding their living arrangements, time spent with each parent, and holiday schedules. The court was required to determine the specific terms of these arrangements, including the division of time during school terms and holidays, and to address various ancillary matters such as communication between parents, discipline, and the consumption of alcohol by the father.

The court's reasoning led to detailed orders establishing equal shared parental responsibility for the children. These orders outlined a phased approach to living arrangements, transitioning from the mother having the children live with her during school terms, with specified time spent with the father, to a shared care arrangement from 2020 onwards. The orders also meticulously detailed the division of time during school holidays, including Christmas and Easter periods, with provisions for alternating years and specific times for changeovers.

Further provisions addressed special occasions, including birthdays and Mother's and Father's Days, and established a first option for the other parent to care for the children if one parent is unable to do so for more than 24 hours. The court also made orders regarding communication, notification of absence from school, and the prohibition of denigration of either parent in the presence of the children. Crucially, the father was restrained from consuming alcohol while the children were in his care and for 24 hours beforehand to the extent that he would exceed the legal limit for driving. The parties also consented to pay the Independent Children's Lawyer's costs.