FERN & LUMSDEN

This matter concerned parenting orders sought by the Father in relation to the parties' four children. Bell J of the Federal Circuit and Family Court of Australia was required to determine the living arrangements for the children and the parental responsibility for them.

The court was tasked with determining the primary residence of the children, who would hold parental responsibility, and the specific arrangements for the children to spend time with each parent, including during school holidays and special occasions. Further issues included provisions for communication between the children and the non-resident parent, and orders concerning the parents' conduct towards each other and the children, including prohibitions on alcohol and drug consumption, physical and verbal discipline, and harassment. The court also considered provisions for information sharing regarding the children's health and education, and the management of urgent and non-urgent medical decisions.

Bell J ordered that the children live with the Father and that the Father have sole parental responsibility. The orders detailed specific arrangements for the children to spend time with the Mother, including alternate weekends, half of each school holiday period with specific provisions for Christmas Day, and certain public holidays and birthdays. The orders also established communication protocols, including telephone contact, and set out strict behavioural expectations for both parents, including prohibitions on alcohol and drug use, physical and verbal abuse, and harassment. The court also mandated that both parents inform each other of events and provide emergency contact details, and authorised the release of information regarding the children. Provisions were made for joint decision-making on non-urgent medical matters and for one parent to make urgent decisions if the other could not be contacted. The court further ordered that neither parent enrol the children in activities that would impede the other parent's time with them without written consent, and encouraged positive relationships between the children and each parent's family and friends. Finally, the court ordered that the Independent Children's Lawyer explain the orders to the children and that both parents undergo drug testing for a period of six months, with recommendations for ongoing support for drug and alcohol issues for both parents and for personal or psychological issues for the Mother.