MCCORMICK & GRAFT

The case involved Mr McCormick (the father) and Ms Graft (the mother) concerning parenting orders for their two children. The dispute centred on the parental responsibility, living arrangements, and communication between the parents and the children. Tree J presided over the proceedings.

The court was required to determine the extent of parental responsibility each parent would have, including decision-making regarding major long-term issues. It also needed to establish the children's living arrangements and the specific times each parent would spend with them. Further issues included the nature and frequency of communication between the parents and between each parent and the children, as well as provisions for special occasions and the exchange of information regarding the children's education and health. The court also considered orders relating to the parents' behaviour towards each other and the children, and the process for resolving future disputes.

Tree J ordered that the father have sole parental responsibility for the children, with the father to advise the mother in writing of any decisions concerning major long-term issues within seven days. Major long-term issues were defined to include medical and health matters, education, disciplinary matters beyond the trivial, and social development and sporting activities. The children were ordered to live with the father. The mother's time with the children was made conditional upon her completing a specific course and filing a certificate of completion with the court. Specific arrangements were detailed for the mother to spend time with the children during school holidays and on specific weekends during school terms, with defined changeover locations and communication protocols, including email for non-emergency communication between the parents.

The court also made orders regarding communication on special occasions, authorising both parents to access information about the children's education and health from relevant institutions. Provisions were included for parents to attend children's functions and for parents to behave respectfully towards each other and refrain from discussing the proceedings in the children's presence. The father was ordered to enrol in and complete a Parenting Orders Program. The Independent Children's Lawyer was discharged, and all other extant applications were dismissed, with the matter removed from the active list.