HARRIS & DUERR

This matter concerned orders made by Forrest J regarding the parental responsibility, living arrangements, and time spent with the children, L and N, by their mother and father. The dispute centred on how parental responsibilities should be shared, particularly concerning decisions about the children's schooling, and the specific arrangements for the children to live with the mother and spend time with the father.

The court was required to determine the extent of shared parental responsibility between the mother and father, and to make specific orders regarding the children's residence and the father's time with them. Further issues included provisions for the children's schooling, holiday arrangements, communication between parents and children, and the father's conduct while the children are in his care. The court also needed to address the children's counselling needs and the exchange of information between parents regarding the children's education and health.

Forrest J ordered that the mother and father shall have shared parental responsibility for the children, with the exception that the mother shall have sole parental responsibility for decisions regarding the children's schooling, provided she follows a specific consultation process with the father. The children are to live with the mother, and their time with the father is detailed, with provisions for increased time upon the father obtaining a driver's licence and use of a motor vehicle, and upon completion of specific parenting courses. The orders also include provisions for holidays, communication, counselling for one child, and exchange of information between parents, along with restraints on denigrating the other parent and on the father harassing or assaulting the mother.