Lovett and McGregor

This matter concerned a dispute between a father and mother regarding their two children, X and Y, born in 2008 and 2011 respectively. The proceedings were before Cleary J.

The court was required to determine issues relating to parental responsibility for long-term decisions, the children's residence, time and communication arrangements between the parents and the children, and specific restraints to be placed upon the parents concerning the children's education, medical care, and psychological well-being.

Cleary J made orders discharging all prior orders concerning the children. The father was granted sole parental responsibility for all long-term decisions, with a requirement to consult the mother in writing regarding such decisions, providing her with a defined period to respond before making a final decision. The children were ordered to live with the father, and detailed provisions were made for the children to spend time with the mother, including alternate weekends, half of school holidays, and specific arrangements for Mother's Day and Father's Day. Communication arrangements were also stipulated, including alternate weekly calls during school terms and holidays. The court also imposed restraints on both parents, including regarding the children's school enrolment, medical treatment, counselling, and questioning the children about time spent with the other parent. The father was to nominate a doctor for the children, and the mother was restrained from taking the children to any other doctor except in a genuine medical emergency. The father was also ordered to authorise the school to release welfare and progress documents to the mother. The Independent Children's Lawyer was to provide copies of the orders to relevant authorities and the school principal, and arrange for the children to meet with them before being discharged.