Kivlen and Taber

This matter concerned an application before Judge Halligan concerning the parental responsibility and living arrangements for two children, [X] born in 2003 and [Y] born in 2005. The dispute centred on the arrangements for the children's time with their father and the conditions under which that time should occur.

The court was required to determine the extent of the father's parental responsibility, where the children would live, and the specific arrangements for the children spending time with the father. Additionally, the court had to consider conditions relating to the father's time with the children, including supervision requirements and restrictions on alcohol consumption, as well as obligations for communication between the parents regarding emergencies and inability to attend scheduled time.

Judge Halligan made orders granting the mother sole parental responsibility for the children and ordering that the children live with the mother. The father was granted specific periods of time with the children, including alternate Saturdays and certain days during school holidays. Crucially, the father's time was to occur within the Melbourne metropolitan area and required the substantial attendance of a named supervisor or a person agreed upon by the parents. The father was also restrained from consuming alcohol for ten hours prior to and during his time with the children. The mother was restrained from allowing the children to travel in a motor vehicle driven by an unlicensed driver.