JOHNSON & KNIGHT

Bell J of the Family Court of Australia made orders concerning the parenting arrangements for two children, C and B. The dispute centred on the children's living arrangements and the extent of each parent's responsibilities and time with the children. The Mother sought to relocate the children to Victoria, which was opposed by the Father.

The court was required to determine the primary issue of whether the Mother's application to relocate the children to Victoria should be granted. In addition, the court had to establish the specific parenting orders regarding the children's residence, shared responsibility for decision-making, and the schedule for the Father's time with the children, including provisions for holidays and special occasions. The court also considered ancillary matters such as communication between parents, the non-denigration of each other in the children's presence, and restrictions on alcohol and drug consumption by the parents.

Bell J ordered that the children live with the Mother and that the Mother and Father have equal shared responsibility for the children's long-term decisions. The court detailed a phased approach for the Father's time with the children, gradually increasing the duration and frequency of contact over several months, ultimately leading to alternate weekends and a division of school holidays. Specific provisions were made for Christmas Day, Easter Sunday, Father's Day, and the children's birthdays. The court also imposed injunctions restraining the removal of the children from the greater Brisbane area without consent or court order, and dismissed the Mother's application to relocate to Victoria. Further orders addressed communication protocols, parental conduct, and the provision of information to parents by third parties.