Malak and Mairie

In this matter before Brown J, the court considered applications concerning the parenting arrangements for three children, C, D, and E. The dispute involved the mother and father's respective roles in the children's lives, including where they would live, with whom they would spend time, and the nature of communication and parental responsibility.

The central legal issues before the court were to determine the living arrangements for the children, the extent of the father's time and communication with each child, and the allocation of parental responsibility. The court was required to consider the best interests of the children in making these determinations, particularly in light of the history of the proceedings and the specific circumstances of the family.

Brown J ordered that the children C, D, and E live with the mother and that she have sole parental responsibility for them. The father's application to spend time and communicate with C was dismissed, with C at liberty to initiate communication via cards, letters, or telephone. The court significantly varied the father's time with D and E, establishing a detailed schedule of supervised and unsupervised time, including school holidays, with specific provisions for changeovers, travel arrangements, and communication. The orders also included provisions for the exchange of information between the parents regarding the children's welfare and education, and restrictions on discussing the proceedings in the children's presence.