HULL & TORRANCE

This matter concerned an application by the father for orders regarding parental responsibility and the time the children would spend with each parent. The dispute centred on the allocation of parental responsibility, particularly concerning the children's religious upbringing and education, and the practical arrangements for the children's living arrangements, time with each parent, and communication between the parents.

The court was required to determine the extent to which parental responsibility should be shared equally between the parents, with specific consideration given to the religious upbringing and education of the children. Further issues included establishing the children's primary residence, defining the specific periods of time the children would spend with each parent, and outlining the communication protocols and information sharing requirements between the parents regarding the children's welfare, health, and education. The court also needed to address injunctions to prevent negative behaviour between the parents and to ensure the children's well-being.

Judge Harland ordered that the father would have sole parental responsibility for the children's religious upbringing and education, while equal shared parental responsibility would otherwise apply. These orders were made conditional on the father consulting with the mother in writing regarding major long-term issues concerning the children's education and health, with the father having the final decision-making power if agreement could not be reached within seven days. The children were ordered to live with the father, with specific, alternating time arrangements for the mother during school terms and holidays, including provisions for birthdays and Christmas. The court also made orders regarding communication, notification of illness, access to medical records, school involvement, and injunctions restraining the parents from denigrating each other or discussing proceedings in the children's presence, and from inflicting physical punishment.