Gillette and Agnew

This matter concerned parenting orders for two children, B and C, born in 2013 and 2014 respectively. The court was required to determine the allocation of parental responsibility for major long-term issues, the children's living arrangements, and the specific arrangements for time spent with each parent, including during school holidays and special days. The court also had to consider provisions for changeovers, travel, supervision, discipline, communication between parents and with the children, and miscellaneous matters such as notification of address changes, illness, and prohibitions on denigration and social media commentary.

The court's reasoning focused on establishing a framework for the children's upbringing that balanced the parents' respective roles and responsibilities. It discharged all prior parenting orders and then delineated parental responsibility for specific long-term issues. The mother was granted sole parental responsibility for the children's education, health, and religious upbringing, while both parents shared equal responsibility for their cultural upbringing, names, and decisions regarding significant changes to living arrangements. The court also stipulated a process for the mother to consult with the father on decisions within her sole responsibility.

The court then detailed the children's living arrangements, ordering that they live with the mother. A complex schedule was established for the children to spend time with the father, with the frequency and duration of these arrangements evolving as the children progressed through their schooling. Specific provisions were made for school holidays, special days, changeovers, and travel, including requirements for written notice and information sharing. The orders also included prohibitions on physical discipline, excessive alcohol consumption, and the use of prohibited drugs, as well as restrictions on denigration and social media commentary concerning the children and parenting arrangements. The court further clarified communication protocols between the parents and with the children, and empowered educational and medical providers to liaise with either parent regarding the children's welfare.