MACKLEY & MACKLEY

This matter concerned parenting orders made by Judge Henderson in the Federal Circuit Court of Australia. The dispute involved the mother and father of two children, X and Y, regarding the future care and time arrangements for the children.

The court was required to determine the appropriate parenting orders, including who would have sole parental responsibility, where the children would live, and the specific arrangements for the children to spend time with each parent. The court also had to consider provisions for communication between the children and each parent, notification requirements regarding the children's welfare and contact details, and orders relating to the children's education and travel. Additionally, the court was tasked with making orders to restrain the husband's conduct towards the mother and children and to ensure the parties refrain from denigrating each other or discussing the proceedings with the children.

Judge Henderson discharged all prior parenting orders and made new orders reflecting a significant shift in the children's living arrangements and time with each parent. The mother was granted sole parental responsibility, and the children were ordered to live with her. The father was initially prohibited from spending any time with the children for three months, after which a detailed schedule of supervised and unsupervised time was established, including specific arrangements for weekends, school holidays, birthdays, and other significant dates. The orders also included provisions for telephone communication, notification of significant events, and the facilitation of the children's understanding of the court orders through professional intervention. The court also made orders restraining the husband from certain behaviours and requiring both parties to refrain from denigrating each other or discussing the proceedings with the children.