Maddock & Wilding

In the matter of *Maddock & Wilding*, heard before Judge McNab, the applicant father, Mr. Maddock, and the respondent mother, Ms. Wilding, sought final parenting orders concerning their three children. The dispute involved significant disagreements regarding parental responsibility, living arrangements, and the extent of time the father would spend with the children, as well as financial contributions towards their education and other expenses.

The court was required to determine several key legal issues. These included the appropriate level of parental responsibility for each parent, the primary residence of the children, the specific arrangements for the father's time with the children, and the extent of the father's financial obligations concerning the children's school fees, tuition, and extra-curricular activities. Additionally, the court had to consider issues relating to the children's travel, the communication protocols between the parents, and the need for injunctions to prevent disparaging remarks about the other parent in the children's presence.

Judge McNab's reasoning was informed by the history of the proceedings, including previous orders and the parties' conduct. The court noted the father's inconsistent participation in past proceedings and his withdrawal of serious allegations against the mother shortly before the final hearing. In determining the parenting arrangements, the court had regard to the best interests of the children, considering factors such as their views, the nature of their relationships with each parent, and each parent's fulfillment of their obligations. The court found the father's approach to the children's education and maintenance to be unacceptable, citing evidence of his inconsistent child support payments. The court also considered the Family Consultant's recommendations.

The court ordered that the respondent mother have sole parental responsibility for the children, with the children to live with her. The father was granted specific, albeit limited, time with the children, including alternate weekends and half of school holidays. The father was ordered to pay 35% of the children's school and tuition fees and 50% of their extra-curricular fees, as non-periodic child support. The court also issued injunctions restraining both parties from speaking negatively about each other in the children's presence and mandated mediation for future disputes. The mother was authorised to obtain passports for the children without the father's consent.