Markson and Markson (No.2)

This matter concerned orders made by Judge Scarlett regarding the living arrangements and time spent with the four children of the marriage, X, Y, Z, and W. The dispute centred on the specific times and conditions under which each parent would have care of the children, as well as injunctions designed to protect the children from the impact of the proceedings and parental conflict.

The court was required to determine the specific living arrangements for each child, including regular time with each parent, holiday arrangements, and special occasions. Additionally, the court had to consider and make orders regarding communication between a child and a parent, changeover arrangements, restrictions on parental attendance at children's sporting fixtures and schools, and injunctions preventing the discussion or disclosure of court proceedings to the children. The court also needed to address arrangements for the children's care when a parent travelled interstate and the parties' conduct in the presence of the children, including prohibitions on denigration of the other parent. Finally, the court ordered the parties to attend interviews for the preparation of a Family Report.

The court made detailed orders concerning the children's living arrangements, specifying when they were to live with the Father and when they were to spend time with the Mother. These orders included provisions for regular fortnightly time, school holidays, specific birthdays, and Christmas. The court also made specific provisions for the child X, who was to live with the Father and spend time with the Mother as agreed, with guaranteed telephone communication. Injunctions were imposed to prevent the parties from discussing the proceedings with the children, attending their schools except for specific functions or emergencies, and abusing or criticising each other in the children's presence. The court also ordered the parties to attend interviews for a Family Report, requiring any new partners to also attend.