Kilmartin and Kilmartin

This matter concerned an application by the husband and wife, the parties to the proceedings, regarding parenting orders for their two children, a daughter born in September 2002 and a son born in January 2004. The proceedings were before Young J.

The court was required to determine the terms of parenting orders, specifically concerning the equal shared parental responsibility for major long-term issues, and the living arrangements for the children. The court also had to consider provisions for communication between the children and each parent, the method of transfer of the children between parents, and injunctive relief to prevent denigration of a parent in the presence of the children.

Young J ordered that the previous orders of 1 January 2007 be discharged. The court then made new orders establishing equal shared parental responsibility for major long-term issues concerning the children. The children were ordered to live with the husband on alternate weekends, Tuesday nights, and for specific periods during Easter and Christmas, as well as during school holidays and on their birthdays, with detailed provisions for the commencement and conclusion of these periods. The children were to live with the wife at all other times. The court also made orders for the children to telephone each parent and for the husband to be responsible for the collection and delivery of the children, with specific exceptions. Furthermore, both parents were restrained from abusing, insulting, belittling, rebuking, or otherwise denigrating the other parent to or in the presence or hearing of the children. The court also directed the Independent Children’s Lawyer to file a report.