Fotherdell & Stadley and Ors

This case concerned an application before Barry J regarding the living arrangements and parental responsibility for two children, M and J. The primary dispute involved the Maternal Grandmother and the Paternal Grandparents, who sought orders concerning the children's residence, time spent with each party, and the extent of their parental responsibility. The Father was also a party to the proceedings, with specific provisions made for his communication with the children and restrictions on his contact.

The court was required to determine the primary residence of each child, the allocation of equal shared parental responsibility between the Maternal Grandmother and the Paternal Grandparents, and the specific arrangements for the children spending time with each of these parties. Further issues included the father's communication with the children, restrictions on his physical contact, and the extent to which the children's schools and medical professionals could disclose information to the grandparents. The court also had to consider the dismissal of outstanding applications and the discharge of the Independent Children's Lawyer.

Barry J made orders that M would live with the Maternal Grandmother and J would live with the Paternal Grandparents. Both the Maternal Grandmother and the Paternal Grandparents were granted equal shared parental responsibility for the children. Detailed provisions were set out for the time each child would spend with the respective grandparents, including specific arrangements for school terms, weekends, and school holidays, with provisions for public holidays. The orders also stipulated how the children would be collected and returned between residences. The Father was permitted to communicate with the children by telephone and to write to them, subject to agreement with the Paternal Grandparents, and was restrained from attending the Paternal Grandparents' home without consent and prior notice. The court further ordered that the grandparents use their best endeavours to ensure the Father did not come into physical contact with the children. Authorisation was granted for schools and medical professionals to provide information and documents to the grandparents, and the grandparents were required to keep each other informed of their contact details and information regarding the children's schooling and health professionals. All outstanding applications were dismissed, and the Independent Children's Lawyer was discharged.