Geiger and Geiger

This case concerned an application by the mother and father of two children, J and A, for orders regarding their parental responsibility and living arrangements. The court was required to determine the extent of parental responsibility to be afforded to each parent, the specific arrangements for the children's time with each parent, and detailed orders concerning their education, health, and communication.

The central legal issues before the court were how to best promote the children's welfare in light of past allegations of excessive physical discipline by the father, and how to structure the parents' future decision-making and interactions to minimise conflict and ensure the children's safety and well-being. This involved assessing the evidence of past conduct and determining appropriate protective measures for the children.

O'Reilly J made orders for equal shared parental responsibility for major long-term issues, requiring the parents to consult in writing and, if necessary, engage a dispute resolution practitioner. The children were ordered to live with the mother, with specific provisions for time spent with the father during school holidays. The court also made detailed orders regarding communication, gifts, changeovers, education, and health, including restrictions on the mother taking the children to certain counselling services. Crucially, the court found abundant evidence that the father had used excessive physical discipline in the past, though some descriptions of injury were considered embellished. The orders included provisions for the father to receive school communications but otherwise restricted his attendance at the school, and mandated that neither parent denigrate the other or discuss the proceedings with the children. The independent children's lawyer was to remain in place for 18 months.