FITZGERALD & DENVER

In the matter of *Fitzgerald & Denver*, Rees J made orders concerning the living arrangements and time spent with the children X, Y, and Z. The dispute centred on the practical arrangements for the children's care and the father's conduct.

The court was required to determine the primary residence of the children, the specific arrangements for the father's time with them, including during school terms and holidays, and to impose conditions on the father's contact to ensure the children's safety and well-being. Further issues included communication protocols between the parents, the children's schooling and extracurricular activities, and the father's disclosure obligations regarding ongoing criminal proceedings.

Rees J ordered that the children live with the mother and detailed a schedule for the father's time with them, including alternate weekends and mid-week contact during school terms, with specific provisions for school holidays. Crucially, the father was restrained from consuming alcohol for 12 hours prior to and during his time with the children, and was ordered to undertake random drug and alcohol testing. The court also imposed restrictions on communication, requiring the use of a specific application, and placed limitations on altering schooling or extracurricular activities without mutual consent. The father was also ordered to inform the mother of any court appearances related to criminal proceedings. These orders were made pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth), with a fact sheet detailing obligations and consequences of contravention attached.