Galbraith and Galbraith (No 2)

This matter concerned orders made by Faulks DCJ regarding the parental responsibility and living arrangements for two children, C and D. The dispute between the parents, Galbraith and Galbraith, led to the court determining the future care and upbringing of the children.

The court was required to determine the extent of parental responsibility each parent would hold, specifically addressing who would have sole parental responsibility and the nature of the notification, information, authorisation, and consultation obligations of the parent with sole responsibility towards the other. Additionally, the court needed to establish the specific arrangements for the children's residence, including the physical time each parent would spend with them, and to make orders concerning communication between the parents and the children, as well as other restraints to ensure the children's welfare.

Faulks DCJ ordered that the father would have sole parental responsibility for the children. However, this was qualified by specific obligations for the father to notify, inform, authorise, and consult with the mother on various significant matters concerning the children's medical treatment, education, and extracurricular activities. The court also detailed a detailed schedule for when the children would live with their father and spend time with their mother, including provisions for school holidays, birthdays, Christmas, and Easter, with specific arrangements for communication and attendance at therapeutic processes. The orders also included restraints on both parents regarding discussing the proceedings with the children, making disparaging remarks about each other, and removing the children from Australia.