Luckwell & Anor and Herridge & Anor

This case involved an application concerning the living arrangements and parental responsibility for two children, B and H. The dispute was heard by Justice Cohen.

The court was required to determine the primary residence of the children, who would have sole parental responsibility, and the specific arrangements for the mother to spend time with the children. Further issues included the conditions and restrictions surrounding the children's contact with their mother, including collection and return protocols, telephone contact limitations, and communication with schools. The court also had to consider the mother's entitlement to access medical and educational information and the restrictions on her seeking medical or other professional treatment for the children.

Justice Cohen ordered that the children, B and H, shall live with their father and that the father shall have sole parental responsibility for them. The orders detailed specific, complex arrangements for the mother to spend time with the children, including alternate weekends, public holidays, birthdays, and school vacations, with detailed provisions for collection and return. Significant restrictions were placed on the mother's contact with the father, and vice versa, and on telephone contact between the children and either parent when the children were in the care of the other. The mother was also restrained from making special appointments to speak to school staff without the father's consent and from making allegations of violence or abuse against the father or his family to school staff. Further orders stipulated the exchange of contact details, information regarding medical conditions and treatment, and restrictions on the mother seeking medical or other professional interventions for the children without court leave or in emergencies.