Hertz & Anor & Picot

These proceedings involved two applicant fathers, Mr Hertz and Mr Picot, and the mother, Ms Picot, concerning parenting arrangements for their respective children. The dispute arose after the mother relocated the children without informing the fathers of their whereabouts, causing disruption. One child suffers from delayed intellectual development due to a brain injury, a matter of distress for both parents, who also experienced poor communication and trust. The first applicant father had a history of alcohol dependence but had taken steps to manage it and received support from his family. The presumption of equal shared parental responsibility was agreed upon by the parties.

The court was required to determine the living arrangements and time each child would spend with their respective parents. Specifically, the court needed to address the relocation application made by the mother, which was subsequently withdrawn. The court also had to consider the best interests of the children, including the impact of any proposed arrangements on their education and their relationship with their siblings, given that the first applicant father and second applicant father enjoyed a good relationship and both were willing to facilitate sibling contact.

Cleary J applied the presumption of equal shared parental responsibility, noting the parties' agreement. The court's reasoning focused on maximising the children's time with one another and ensuring a staged program of time with the fathers. For the children of the second applicant father, the court found that equal time would be disruptive to their education, leading to orders for the children to live with the mother and spend substantial and significant time with the father. For the child of the first applicant father, the court ordered a staged program of time leading to equal time with the father.

The court discharged all previous parenting orders and made new orders for equal shared parental responsibility between the respective parents. The children were ordered to live with the mother, except when spending time with their respective fathers, with detailed schedules for each child outlining the specific times they would live with or spend time with their fathers, including provisions for holidays and special occasions. The orders also included provisions for liberal telephone contact, notification of medical emergencies, and a restraint on denigrating the other parent.