Leaton and Tuppahige

In the matter of Leaton and Tuppahige, Berman J considered disputes between the parties concerning parental responsibility and time spent with their two children, C and R. The proceedings addressed arrangements for the children's upbringing, including their living arrangements, education, health, and communication with each parent.

The court was required to determine the specific terms of shared parental responsibility, particularly concerning educational and health decisions. It also needed to establish a detailed schedule for the children's time with each parent, including provisions for school terms, holidays, birthdays, and special occasions. Further issues included communication protocols between the parents and children, handover arrangements, and the management of medical appointments and information. The court also had to consider injunctive relief to restrain certain actions by the father and mother.

Berman J ordered that the parties share parental responsibility, with the mother having the final decision-making authority on education and health matters after consulting with the father. The children were ordered to live with the mother, with a comprehensive schedule outlining the father's time with them, including specific arrangements for weekends, school holidays, and birthdays. The court also made orders regarding communication between the parents and children, handover locations, and the facilitation of medical appointments and information sharing. Crucially, the father was restrained from reporting allegations of abuse to certain parties, discussing proceedings with the children or third parties, and taking the children to non-emergency medical or psychological appointments without the mother's consent. The mother was similarly restrained from allowing the children contact with specific individuals. Passports were to be held by the mother, and neither party could remove the children from Australia without consent or further court order.