Haywood and Wilde

In *Haywood and Wilde*, heard before Judge Terry, the court was required to make orders concerning the parental responsibility and time arrangements for two children, X and Y. The dispute arose between the parents, the mother and the father, regarding the children's living arrangements and the practicalities of their time spent with each parent, particularly in light of the mother's relocation to Darwin.

The central legal issues before the court were to determine the most appropriate orders for equal shared parental responsibility, the children's primary residence, and the specific arrangements for the children to spend time with each parent. The court also had to consider various factors including the children's maturity, sex, and background, the parents' attitudes towards their responsibilities, any issues of family violence, the preference for orders least likely to lead to further proceedings, and any other relevant matters, including the parties' poor communication and the practical difficulties and expenses associated with travel between Darwin and the Central Coast.

The court's reasoning involved a comprehensive assessment of the evidence presented, including the children's medical history and the parents' respective roles and attitudes. Judge Terry expressed concern about the mother's relocation and her attitude towards the children's relationship with the paternal family, while also noting the father's failure to adequately inform the mother about the children's medical issues, specifically radiation treatment. The court acknowledged the significant distance between Darwin and the Central Coast and the practical implications for time spent with the children during school holidays. The court also considered the children's attachment to their mother as their primary attachment figure, but weighed this against the potential loss of their meaningful relationship with their father.

The court made orders establishing equal shared parental responsibility, with the children to live with the father. Specific arrangements were detailed for the children to spend time with the mother during school holidays and school terms, including provisions for travel, communication, and the sharing of information about the children's welfare. The orders also addressed the parents' liberty to attend school and extracurricular events and outlined communication protocols, including telephone calls and Skype.