Gabbard & Kelleher

This matter concerned parenting arrangements for the children Y and X, with Mr. Gabbard as the applicant and Ms. Kelleher as the respondent, before Cassidy J of the Federal Circuit and Family Court of Australia. The dispute centred on the children's living arrangements, time spent with each parent, and parental responsibility, particularly in light of X's special needs and the high level of parental conflict.

The court was required to determine the primary caregiver for the children, the schedule for the children to spend time with the non-resident parent, and the allocation of parental responsibility for major long-term decisions. Additionally, the court needed to establish protocols for communication between the parents regarding the children's welfare, medical care, and changeovers, as well as address issues of parental conflict and its impact on the children. The court also had to consider the specific needs of X, who has a rare medical condition, and the potential impact of the parents' differing views and behaviours on his care.

Cassidy J ordered that the children live with the mother and spend time with the father on alternate weekends, commencing from March 2021. The mother was granted sole parental responsibility for major long-term decisions, with a specific process outlined for the father to be informed and to respond to proposed decisions. The court also detailed arrangements for school holiday time, changeovers, communication, and the sharing of information regarding the children's medical care, including specific provisions for X's treatment. The orders also stipulated that both parents attend a Parenting Co-ordinator for at least 12 months to assist with managing X's medical needs, with costs shared equally. The court further mandated that parents refrain from denigrating each other in the children's presence and use a designated app for non-urgent communication.