Minshall and Clayton and Anor

Cleary J presided over proceedings involving the mother, Mr Wilkie (father of X), and Mr Clayton (father of Y and Z). The dispute concerned parenting orders for three children: X, Y, and Z. The court was required to determine the future parenting arrangements for the children, including issues of parental responsibility, living arrangements, and time spent with each parent.

The court was tasked with determining the legal issues surrounding the discharge of all prior parenting orders and the establishment of new arrangements. This included deciding who would have sole parental responsibility for each child, where each child would live, and the extent of time the mother would spend with the children. A significant legal issue arose concerning an inconsistency between a new parenting order and an existing family violence order protecting Y from Mr Clayton, requiring the court to consider the application of section 68P(2) of the *Family Law Act 1975*.

Cleary J reasoned that the existing parenting orders were no longer appropriate and ordered their discharge. The court then made orders granting sole parental responsibility and primary residence to each child's respective father, Mr Wilkie for X, and Mr Clayton for Y and Z. The court noted the specific provisions of section 68P(2) of the *Family Law Act 1975* in relation to Y, clarifying that while the family violence order protected Y from certain behaviours by Mr Clayton, it did not prevent Mr Clayton from caring for Y. The court also mandated paediatric assessments for X and child psychiatric assessments for Y and Z, with specific directions for information sharing between parents and medical professionals. The mother's time with the children was significantly restricted initially, with a gradual increase in contact over time, including provisions for X to spend time with Y and Z. The court also directed the parents to ensure their names were registered as fathers on the children's birth certificates.