Garey and Tatham and Ors

In the matter of *Garey and Tatham and Ors*, heard before Cleary J, the dispute concerned the parental responsibility and living arrangements for two children, C and D. The proceedings involved the Minister for Family and Community Services, the father Mr Tatham, and the mother Ms Garey.

The court was required to determine the appropriate allocation of parental responsibility for C and D, and to make orders regarding where the children would live and the extent of their contact with each parent. Crucially, the court also had to consider the wishes and feelings of the children, particularly as they approached and attained the age of twelve years, in relation to their time spent with their parents.

Cleary J ordered that parental responsibility for both children be allocated to the Minister for Family and Community Services until they each reached the age of eighteen. The children were to live as directed by the Secretary of the Department of Family and Community Services. Specific orders were made for supervised time with the father, Mr Tatham, six times per year for two hours on each occasion, with the location and timing to be nominated by the Secretary. Similar supervised contact arrangements were ordered for the mother, Ms Garey. The court further stipulated that the children's time with both parents would be subject to their wishes and feelings once they attained the age of twelve years. Both parents were also ordered to keep the Secretary informed of their current residential addresses and telephone numbers.