McConnell and McConnell

This case concerned parenting orders for two children, X and Y, born in 2007 and 2009 respectively. The dispute was before Judge Small.

The court was required to determine the terms of new parenting orders, discharging all previous orders, and to establish arrangements for equal shared parental responsibility, the children's living arrangements, and the father's time with the children. The court also had to consider the parties' interactions and boundaries regarding their respective time with the children, particularly in light of the father's new partner and the mother's desire to attend family events.

Judge Small noted the submission that orders should be simple and straightforward. The court discharged all previous parenting orders and made new orders establishing equal shared parental responsibility, with the children to live with the mother. The father was granted specific time with the children, including alternate weekends, mid-week time, and detailed provisions for school holidays, birthdays, and other significant dates. The orders also included provisions for communication, changeovers, notification of address changes, and injunctions restraining certain behaviours, such as discussing proceedings in the children's presence or denigrating the other parent. The court also addressed the father's evidence regarding the mother's attendance at his family events, acknowledging the complexities of post-separation family relationships and not criticising the father's decision not to invite the mother to events once his partner was present.

The court ordered that all previous parenting orders be discharged and established new orders for equal shared parental responsibility, with the children to live with the mother. The father was granted specific time with the children, detailed in the orders, and various injunctions and other provisions were made to govern the parties' conduct and communication regarding the children. The mother was also granted liberty to change the children's legal surname to McConnell-McConnell.