Monckton & Anor and Viola

This case concerned an application before Faulks DCJ regarding the living arrangements and parental responsibility for a child, G. The parties involved were Ms Monckton, the applicant, and Mr Viola, the respondent, who are the child's parents. The dispute centred on determining where the child would live and how parental responsibilities, particularly concerning long-term care, welfare, and development, would be allocated between them.

The court was required to determine the primary residence of the child and the extent to which each parent would share parental responsibility for G's long-term care, welfare, and development. Specifically, the court had to consider how decisions regarding the child's health, schooling, overseas travel, and place of residence would be made, and the extent to which consultation and agreement between the parents would be necessary for significant matters. The court also needed to establish arrangements for the child to spend time with her brother and maternal family, including holiday arrangements.

Faulks DCJ ordered that the child, G, would live with her father, Mr Viola. Mr Viola was granted sole parental responsibility for G's long-term care, welfare, and development. However, for significant decisions concerning G's health, schooling, overseas travel, and place of residence, Mr Viola was ordered to consult with and genuinely attempt to reach agreement with Ms Monckton. Both parents were to keep each other informed of their contact details. The orders also stipulated that Ms Monckton would receive school reports and notices directly from the child's school and retain the opportunity to discuss her progress with teachers. Furthermore, arrangements were made for G to spend time with her brother regularly and to have annual holidays with him, with a minimum duration of one week. The court also included a provision that the orders were not intended to prevent the parents from agreeing on alternative arrangements that might better suit the child's interests or recognise the adults' own lives.