McCubbin and McCubbin and Anor

In *McCubbin and McCubbin and Anor*, heard by Judge Betts, the proceedings concerned parenting orders for two children, X (born 2005) and Y (born 2013). The dispute involved the mother, the father, and the paternal grandmother, with the court ultimately making significant orders regarding parental responsibility, the children's living arrangements, and the nature and extent of contact between the children and both the father and the paternal grandmother.

The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing who should have sole parental responsibility for major long-term issues, where the children should live, and the terms of any time or communication the father and paternal grandmother could have with the children. This included considering various restraints and conditions to be imposed on the parties to ensure the children's welfare and best interests.

The court ordered that the mother have sole parental responsibility for major long-term issues and that the children live with her. Crucially, the father and the paternal grandmother were significantly restrained from spending time or communicating with the children, with any such contact requiring the express agreement of the mother, who was at liberty to impose conditions. These conditions could include monitoring of communications, supervised or public contact, and drug testing for the father. The court also imposed specific restraints on the father, including a proximity order to the children's schools and home, and prohibitions on denigrating the mother or undermining her authority. Similar restraints were placed on the paternal grandmother regarding denigration and undermining parental authority, along with a prohibition on alcohol consumption. The mother was also subject to restraints concerning denigration of the father and paternal grandmother, and drug use. All parties were restrained from discussing the proceedings with the children. The court also made orders for the Independent Children's Lawyer to explain the orders to the children and for the dissemination of the orders and reasons to relevant parties and agencies.