GARRETT & KING

In the matter of GARRETT & KING, Tree J made orders concerning the parental responsibility and living arrangements for three children. The dispute concerned the future care and upbringing of the children, with the court ultimately determining the specific orders to be made regarding their welfare.

The court was required to determine the extent of parental responsibility each parent would have concerning the children's education, religious and cultural upbringing, and their name. Further, the court had to decide where the children would live and the nature and frequency of the time the mother would spend with them. The court also considered provisions for medical emergencies, communication between parents, and general conduct concerning the children.

Tree J ordered that the father have sole parental responsibility for decisions regarding the children's education, religious and cultural upbringing, and name, with a requirement to notify the mother in writing of such decisions. The children were ordered to live with the father. The mother was granted specific, limited time with the children, to occur in a nominated public place and requiring 21 days' written notice for each occasion, with additional time on birthdays and Mother's Day. The mother was prohibited from leaving the nominated area with the children without the father's written consent. The court also made orders regarding communication, access to information from health and education professionals, and injunctions restraining denigration of the other parent and the use of illicit substances in the children's presence. Physical discipline of the children was prohibited. The Independent Children's Lawyer was discharged.