McGibbon and Paisley

In *McGibbon and Paisley*, heard by Cleary J, the court was tasked with determining parenting arrangements for three children: E, born in October 1997, L, born in January 2000, and P, born in April 2002. The proceedings concerned the discharge of prior parenting orders and the establishment of new arrangements for the children's residence, parental responsibility, and time spent with each parent.

The central legal issues before the court were how to allocate parental responsibility and determine the children's living arrangements and time with each parent, considering their ages and individual circumstances. The court was required to make orders regarding shared parental responsibility, primary residence, and specific time arrangements, including during school terms, holidays, and significant dates. Further issues included provisions for communication between parents and children, the prevention of denigration, and the surname of the children.

Cleary J discharged all prior parenting orders and made new orders reflecting a nuanced approach to the children's needs. For E, who was nearing adulthood, the mother was granted primary decision-making authority, excluding major medical issues, and E was to live with the mother. For L and P, the court ordered equal shared parental responsibility and established specific living arrangements, with L and P to live with the father and spend time with the mother according to a detailed schedule. The court also imposed orders restraining denigration, ensuring communication, and maintaining the children's schooling and medical information access for both parents. A specific order was made regarding the children's surname. The court noted the father's hope to restore his relationship with E, allowing for direct arrangements if E chose to make contact.