Milburn and Milburn

This case involved parenting orders made by Tree J concerning the children A and M. The primary dispute revolved around the arrangements for the children's living arrangements, time spent with each parent, and communication between the parents. The court was required to discharge all previous parenting orders and establish new arrangements that addressed parental responsibility, the children's schooling and medical information, and their living arrangements during school terms and holidays.

The court was tasked with determining the extent of equal shared parental responsibility for major long-term issues, the practical implementation of this responsibility through consultation and dispute resolution, and the specific schedules for the children's time with each parent. This included detailed provisions for school terms, various school holiday periods (end of terms 1, 2, and 3, and Christmas holidays), and special occasions such as birthdays and Mother's Day/Father's Day. The court also needed to address communication protocols between the parents, including provisions for overseas travel, passport arrangements, and extra-curricular activities.

Tree J ordered that the parents have equal shared parental responsibility for the children's major long-term issues, requiring them to consult in writing if requested, act reasonably, and attend family dispute resolution if agreement could not be reached. The orders detailed specific living arrangements for the children during school terms, alternating weeks with the father, and outlined a complex schedule for school holidays, including provisions for overseas travel by the mother and alternative care arrangements for the father. The court also mandated communication protocols, including parental communication by email or SMS, and established specific arrangements for special occasions and children's birthdays. Furthermore, restraints were placed on parents regarding negative comments about each other in the children's presence and aggressive behaviour at changeovers. The Independent Children's Lawyer was discharged upon the expiration of the appeal period or determination of any appeal, and all other extant applications were dismissed.