Lamar and Whitten

This case involved a dispute between the parents, Lamar and Whitten, concerning the parenting arrangements for their four children: W (born 2000), X (born 2003), Y (born 2008), and Z (born 2011). The matter came before Judge Young. The background revealed a history of family violence, substance abuse by both parents, and significant involvement by child welfare authorities over several years, including concerns about delayed medical attention, excessive corporal punishment, and parental unprotectiveness. The parents had separated, and there had been multiple unilateral relocations of the children by the mother, leading to further disputes and court interventions regarding the children's living arrangements and contact with their father.

The court was required to determine the primary issues of where the children would live, how they would spend time with each parent, and the terms of their communication. This included establishing parental responsibility, defining the children's living arrangements, and setting out detailed provisions for the father's time with the children, particularly concerning travel and holiday arrangements. The court also needed to address ongoing communication protocols between the parents and between the children and the non-resident parent, as well as consider broader welfare and safety considerations, including injunctions to prevent denigration of a parent and the consumption of alcohol or illicit substances.

Judge Young made orders establishing equal shared parental responsibility for all children. The older children, W and X, were to live with, spend time with, and communicate with each parent as they desired. For the younger children, Y and Z, the orders stipulated that they would live with the mother in the greater Region 1 area, with specific provisions for the father's time with them during school holidays and other periods, including detailed arrangements for transportation and payment of airfares. The orders also included extensive provisions for communication between the children and their parents, parental communication with each other, and notification requirements regarding health, residential changes, and the introduction of new people into the household. Crucially, injunctions were granted restraining both parents from denigrating each other, discussing proceedings with the children, physically disciplining the children, consuming alcohol or illicit substances while the children were in their care, and exposing the children to family violence. The appointment of the Independent Children's Lawyer was discharged, and all extant applications were dismissed.