Labeck & Calandros (No 2)

In the matter of Labeck & Calandros (No 2), heard before Judge Young, the applicant, Mr Labeck, and the respondent, Ms Calandros, presented an application concerning parenting orders for their children, X (born 2016) and Y (born 2017). The court was required to determine the specific arrangements for the children's time with each parent and to address a contravention application.

The court's primary focus was on establishing revised parenting orders that would govern the time X and Y would spend with their father, commencing immediately. This involved detailing the commencement and conclusion times for the father's time with each child, as well as specific protocols for changeovers between parents, including the involvement of third parties and designated locations. Furthermore, the court needed to consider the timing and location of changeovers, particularly in relation to the children's attendance at school or pre-school, and to address restrictions on the mother's presence during certain changeover periods. The court also had to schedule a trial date for a contravention application and set directions for the filing of evidence and other documents in preparation for that trial.

In its reasoning, the court discharged a previous order and issued new orders detailing the father's time with X and Y, specifying the commencement from Friday afternoons until Sunday midday. The orders established detailed procedures for changeovers, differentiating between days when X was at school and when he was not, and mandated the use of a specific service, A Family Services, for these transitions. Restrictions were placed on the mother's attendance at certain changeovers and at X's school on collection days, while permitting her attendance on Sundays. The court also made provision for a modified schedule during the Easter 2021 period. In relation to the contravention application, the court adjourned it and set a trial date, issuing comprehensive directions for the parties to file affidavits, pay hearing fees, and prepare case outlines addressing various parenting considerations under the Family Law Act 1975, including best interests factors and parental responsibility presumptions. The court also provided important notes regarding the application of section 102NA of the Family Law Act 1975 concerning family violence and cross-examination, and the prohibition on publishing identifying details of family law proceedings under section 121.