FINCH & FINCH

This matter concerned parenting orders made by Judge Sexton in relation to two children, X and Y. The dispute between the parties, the Mother and the Father, related to the arrangements for the children's living arrangements, time spent with each parent, and decision-making responsibilities.

The court was required to determine the extent of shared parental responsibility for the children, including how decisions regarding their long-term welfare would be made. Further issues included the specific time the children would spend with each parent during school terms, school holidays, birthdays, and public holidays, as well as arrangements for communication between the parties and the children, and provisions for interstate and international travel. The court also needed to address the consequences of contravening the orders made.

Judge Sexton ordered that the parties have equal shared parental responsibility for the children, requiring them to consult and make genuine efforts to reach joint decisions on long-term welfare issues such as health, education, extracurricular activities, religious practices, and interstate and overseas travel. Each party was granted sole responsibility for day-to-day decisions concerning the children when they were in their care. Specific orders were made regarding the children's schooling, including attendance at their current primary school and the Father's contribution to school fees. Detailed provisions were established for the children's time with each parent, encompassing alternate weekends, mid-week time, school holidays, birthdays, and public holidays, with default arrangements specified in the absence of agreement. The orders also included injunctions restraining denigration of the other party and provisions for communication, travel, and passport arrangements. The court noted an agreement to review arrangements when X was in Term 3 of Year 6, with a referral to Relationships Australia if agreement could not be reached on secondary schooling or other parenting issues.