Mitchell and Fichte

This matter came before Baumann J concerning parenting orders for the children, B and C. The dispute involved the arrangements for the children's care, time spent with each parent, and decision-making regarding their long-term welfare.

The court was required to determine the specific orders regarding equal shared parental responsibility for major long-term issues, the daily care arrangements for the children, the schedule for time spent with each parent including during school holidays and special occasions, and provisions for communication, education, medical care, and international travel. The court also considered orders relating to restraints on parental conduct and the discharge of the Independent Children's Lawyer.

Baumann J ordered the discharge of all previous parenting orders. The court established equal shared parental responsibility for major long-term issues, including education, religious and cultural upbringing, health, name, and significant changes to living arrangements. Parents are required to consult in writing, make a genuine effort to agree, and engage in mediation if agreement cannot be reached on major long-term issues. The mother is responsible for the children's daily care when they are with her, and the father when they are with him. The children are to live with the father, with detailed provisions for the children's time with the mother during term time, school holidays, and special occasions, including specific arrangements for changeovers, communication, education, medical care, and international travel. Restraints were also imposed on parental conduct, including prohibitions on denigrating the other parent, discussing adult issues with the children, and recording communications. The father was ordered to complete a Triple P Parenting Course within twelve months.