MICHAEL & MCDONALD

This matter concerned parenting orders for children B and C, born in May 2003, and was heard by Johnston J. The dispute involved the arrangements for the children's living arrangements, parental responsibility, school holidays, special days, communication, medical care, and other related matters. The court was required to discharge all previous orders and undertakings and establish new arrangements for the children.

The court was required to determine the extent of parental responsibility, the specific living arrangements for the children during school terms and holidays, and the allocation of special days such as birthdays and public holidays. Further issues included the parameters for communication between parents and children, the exchange of medical and school-related information, and the conditions under which children could be enrolled in extracurricular activities. The court also had to address injunctions concerning the removal of children from Australia and the conduct of the parents towards each other and the children, as well as specific therapeutic requirements for both parents.

Johnston J made orders establishing equal shared parental responsibility for the children. The children were to live in a week-about arrangement with each parent during school terms, with changeovers occurring at school on Fridays. School holidays were to be shared equally, with specific arrangements for even and odd-numbered years. The court detailed provisions for special days, including Mother's Day, Father's Day, children's birthdays, and the parents' birthdays, as well as the Australia Day public holiday and Easter. Communication by telephone and internet was regulated, and both parents were to be kept informed of medical and school-related matters, with specific notification requirements for appointments and illnesses. The court also made orders restraining the parents from denigrating each other, removing the children from Australia without agreement, and imposed specific conditions on the mother regarding medical practitioners and the Department of Child Safety. The father was also restrained from bathing or showering with the children.

The court further ordered that the children attend a specific school unless otherwise agreed, and that neither parent could enrol the children in new care or schooling without written consent. Both parents were permitted to attend school functions. Injunctions were granted to prevent the removal of the children from Australia without agreement and to restrain the mother from taking the children to medical practitioners or the Department of Child Safety without court leave. The father was also specifically restrained from bathing or showering with the children. The court also made orders regarding the attendance of both parents at counselling or therapy sessions, with specific instructions for the provision of the court's orders and reasons for judgment to relevant professionals and authorities. Notations were made concerning allegations of sexual abuse against the father, with the court finding the evidence relied upon by the Department of Communities (Child Safety) to be seriously flawed and unreliable, and requesting that the allegations be recorded as unsubstantiated. The court also made a strong recommendation regarding the practice of interviewing children in child protection matters.