HOGAN & LEEDS

Bell J considered a dispute between a father and mother concerning the living arrangements and time spent with their two children, A and Z. The court's orders addressed the primary residence of the children, the schedule for the mother's time with them, and specific arrangements for the commencement and conclusion of that time, which varied depending on the mother's residential location.

The court was required to determine the appropriate orders for the children's residence and the nature and extent of the time the mother would spend with them. Further issues included the practical arrangements for the transfer of the children, the exchange of information between the parents regarding the children's welfare and education, and the prevention of disparaging remarks about a parent in the children's presence. The court also considered the role of the Independent Children's Lawyer.

The court ordered that the children live with the father and spend time with the mother on three weekends out of four. The specific arrangements for collecting and returning the children were contingent on the mother's proximity to the father's residence. The court also mandated ongoing communication between the parents regarding their addresses, contact details, and the children's health. Crucially, an injunction was granted restraining both parents from denigrating the other parent or their family in the presence of the children. The Independent Children's Lawyer was discharged.