Hilliard and Carden

This case involved an application concerning the parenting of two children, L and D. The dispute was heard by Murphy J.

The court was required to determine the parenting arrangements for the children, including where they would live, who would have parental responsibility, and the specific times each parent would spend with the children. The court also needed to consider the father's current incarceration and its impact on the parenting orders.

Murphy J ordered that the interim parenting orders be discharged. The children were to live with the mother, who was granted sole parental responsibility for their long-term care, welfare, and development. Each parent was to have sole responsibility for the children's day-to-day care when the children were with them. Specific arrangements were detailed for the father's time with the children, both during his incarceration and upon his release, with conditions relating to his accommodation and location. The orders also included provisions for telephone contact, holiday arrangements, and mutual notification of address and telephone number changes. Furthermore, neither parent was permitted to consume alcohol to excess or use illicit drugs in the presence of the children, nor denigrate the other parent.

The court further ordered that the father must file and serve any application for parenting orders, along with a supporting affidavit, within three months of his release from prison. If he complied, the matter would be listed for directions to facilitate a trial. If he failed to do so, the interim orders made on that day would become final orders three months after his release. The father was also required to notify the Independent Children's Lawyer and the mother's solicitors of his release date and actual release. The orders incorporated a fact sheet detailing obligations, consequences of contravention, and sources of assistance.