Johansen and Scottley

This matter concerned the parenting arrangements for three children, C, B, and N, born in 1994, 1997, and 1999 respectively, between the parties Johansen and Scottley. The proceedings were before the Hon. Justice Rose.

The court was required to determine the orders concerning the children's living arrangements, time spent with each parent, communication, and other welfare-related matters. Specifically, the court needed to establish the framework for equal shared parental responsibility, the primary residence of the children, and the specific periods of time the children would spend with each parent, including during school terms, holidays, birthdays, and special occasions. Further issues included provisions for communication, the involvement of therapists and counsellors, and orders restraining certain behaviours between the parents.

Justice Rose made orders establishing equal shared parental responsibility for the three children, with the children to live with the father. The orders detailed specific arrangements for the two youngest children to communicate and spend time with the mother, including alternate weekends during school terms, half of school holidays, specific times on their birthdays, Mother's Day, and telephonic communication. Provisions were also made for the mother to spend time with the eldest child as agreed between the parties. The court also ordered that the father provide written authorisation for the mother to receive school reports, restrained the mother from bringing the children into the company of a Mr L, and ordered both parties to refrain from making derogatory comments about the other to or in the presence of the children. Further orders mandated remedial therapy for N, counselling for the other two children, attendance at a post-separation parenting program, and assistance from Child Dispute Services. The court also made procedural orders regarding the return of subpoenaed documents and the removal of proceedings from the active pending cases list.