Green and Donnelly

This case concerned an application by the Applicant Mother and a cross-application by the Respondent Father regarding parenting orders for their two children, T Donnelly and L Donnelly. The dispute centred on issues of parental responsibility, living arrangements, time spent with each parent, and international travel.

The court was required to determine several key legal issues. These included the appropriate living arrangements for the children, the allocation of sole parental responsibility, the extent and nature of the mother's time with the children, and the conditions under which the mother could take the children overseas. Additionally, the court had to consider the necessity of psychological therapy for the mother and the method of communication between the parents.

The court ordered that the children would live with the father and that the father would have sole parental responsibility, with an obligation to keep the mother informed of major issues concerning the children. The mother was permitted to take the children on overseas holidays for up to four weeks per year, provided she gave the father at least eight weeks' written notice detailing the travel dates and destinations. The father was restrained from taking the children out of Australia without the mother's written consent or a court order and was ordered to surrender the children's passports to the mother. The mother was to undergo psychological therapy for a period deemed appropriate by her chosen clinician, who was to be provided with a specific report. The mother's time with the children was to be as agreed between the parents, failing which specific arrangements were set for school holidays and monthly weekends, with collection and delivery points specified. The mother was also granted liberty to communicate with the children by mail and telephone on designated evenings. The father was ordered to pay the mother's costs on an indemnity basis.