FOGLE & GIRDWOOD

This matter concerned parenting orders for two children, X and Y, born in 2010 and 2011 respectively. The dispute involved the mother and father, and the court was tasked with determining the best interests of the children in light of the mother's mental health issues and the father's capacity to encourage the children's time with her.

The court was required to determine the nature of parental responsibility for the children and to establish a parenting regime that would promote the children's wellbeing. Key issues included how to balance the children's time between both parents, considering the mother's mental health challenges and the father's role in facilitating the children's relationship with her, and what orders were necessary to ensure the children's safety and emotional security.

In its reasoning, the court discharged all previous parenting orders and made orders for equal shared parental responsibility. The children were ordered to live with the mother for specific periods during school terms and holidays, with the father caring for them at all other times. The orders detailed specific arrangements for Christmas, school holidays, Easter, birthdays, and included provisions for communication between the parents and children, changeover locations, and the exchange of information regarding the children's health and education. Crucially, the court also mandated that both parents undergo mental health reviews, engage with parenting support services, and provide relevant reports to their treating practitioners. Injunctions were also imposed to prevent disparaging remarks about the other parent in the children's presence and to restrict discussions about proceedings. The Independent Children's Lawyer was discharged after one year, with liberty to apply urgently regarding the implementation of the orders.