HIRD & VANSTONE

Bell J made orders concerning the parental responsibility and time arrangements for two children, B and C, between their Mother and Father. The dispute centred on how the children would spend their time with each parent and the responsibilities each parent would have in relation to their upbringing.

The court was required to determine the nature of parental responsibility, specifically whether it should be equal shared parental responsibility, and how the children's time would be divided between the parents. Further issues included provisions for communication, holiday arrangements, and specific orders relating to the Father's attendance at counselling, his consumption of alcohol, and his personal hygiene assistance with one of the children. The court also addressed the parents' obligations to inform each other of important information regarding the children and to refrain from denigrating each other in the children's presence.

Bell J ordered that the Mother and Father have equal shared parental responsibility for the children, with each parent having sole responsibility for non-major long-term decisions when the children are in their care. The children were ordered to live with the Mother, with specific, phased-in arrangements for the children to spend time with and communicate with the Father. These arrangements included detailed provisions for weekend time, school holidays, Christmas, and Easter, with a condition that overnight time with the Father would not commence until counselling was completed and a report was provided to the Independent Children's Lawyer. The Father was also ordered to continue counselling, be restrained from consuming alcohol prior to and during time with the children, and refrain from bathing or assisting with the intimate personal hygiene of child C, except in emergencies. The court also mandated family counselling for both parents with a specific counsellor to address issues of restoring the children's relationship with the Father and encouraging confidence in their safety with him.