Monk and Malone

This case involved a dispute between a father and mother concerning parenting orders for their three children, X, Y, and Z. The matter came before Judge Terry.

The court was required to determine the terms of parenting orders, including the allocation of parental responsibility, the children's living arrangements, and the extent of time the children would spend with each parent. A key issue was the mother's proposed relocation of the children's residence, and the court also considered the children's individual circumstances, including their ages, developmental stages, and any specific needs. The court also had to assess the parents' attitudes towards their parental responsibilities and the likely effect of any proposed changes on the children.

Judge Terry considered the maturity, sex, lifestyle, and background of each child, noting specific issues with Y's attention and interaction, and the father's criticism of the mother's parenting in relation to Z's development. The judge found that the father's criticisms were not well-founded and that he had not demonstrated a proactive role in the children's educational development. The court also considered the likely effect of any change in the children's circumstances, particularly the impact of separation from either parent or other significant individuals. The judge found the father's proposal for primary residence to be a dramatic change for the children, given their close relationship with the mother, and expressed concern about the father's lack of empathy regarding the children's adaptation to such a change. The court also considered the mother's proposal for relocation and the potential for disruption.

The court made orders for equal shared parental responsibility, with the children to live with the mother. The mother was permitted to relocate the children's place of residence. Detailed provisions were made for the children to spend time with the father, varying depending on whether the mother and children resided more or less than 150 kilometres from the father, including specific arrangements for school holidays and weekends. The orders also included provisions for communication between parents and children, notification of addresses, and the exchange of information regarding the children's health and education, as well as a prohibition on denigrating the other parent.