Giffard and Giffard

This matter concerned an application by the Father and the Mother for orders regarding the parenting of their two children. The court was required to determine the arrangements for the children's living arrangements, time spent with each parent, and communication between the parents.

The court considered the principles of equal shared parental responsibility and the best interests of the children. The primary legal issue was to establish a parenting regime that facilitated the children spending substantial and meaningful time with both parents, while also ensuring their welfare and development. The court also addressed the practicalities of parental communication, the geographical location of the children's residence, and the need to prevent denigration of either parent.

The court ordered that the Father and Mother have equal shared parental responsibility for the children. The children were ordered to live with the Mother, with specific provisions for the children to spend time with the Father during alternate weeks, school holidays, and on special occasions such as birthdays and Father's Day. The orders also included provisions for the collection and return of the children, communication between the parents via email, and the prevention of the Mother from relocating the children outside the Sydney Metropolitan area. Furthermore, both parents were to be kept informed of school communications and were permitted to attend school events, with a restraint placed on denigrating the other parent.