GELBER & HALLIDAY

This matter concerned parenting arrangements for two children, aged 12 and 10, following the recent death of their mother. The children were residing with their father, the applicant, but had also been living with their adult maternal half-sibling, who was named as testamentary guardian in the mother's will. The father opposed the making of orders for shared parental responsibility, raising questions about what arrangements were feasible and in the best interests of the children. The decision was made by Judge Brown.

The court was required to determine the most appropriate parenting orders for the children, specifically whether to grant sole parental responsibility to the father or to implement shared parental responsibility. The court also needed to consider the extent to which the father should be required to consult with the respondent (presumably the maternal half-sibling) on long-term issues affecting the children, and to establish specific time-spent-with arrangements and communication protocols between the children and the respondent.

The court ultimately ordered that the applicant father have sole parental responsibility for the children. However, it stipulated that the father must consult the respondent on major long-term issues, outlining a specific process for notification and response, with provisions for emergencies. The court also established detailed arrangements for the children to spend time with and communicate with the respondent, including during school terms, school holidays, and specific public holidays like Christmas and Easter. Further orders included provisions for informing each other of significant illness or injury, interstate travel notification, and injunctions restraining denigration of the other party in the children's presence and discussing court proceedings with them.