Mordington and Gilson

This matter concerned an application by the father for parenting orders regarding the parties' two children, B and C. The dispute centred on the living arrangements and time spent between the children and their mother, following allegations of the mother's conduct.

The court was required to determine the primary residence of the children and the nature and extent of the mother's time with them. Key issues included the conditions under which the mother could spend time with the children, the allocation of parental responsibility for medical decisions, and restrictions on communication and criticism between the parents. The court also considered the impact of a JIRT inquiry into an injury sustained by one of the children.

Cleary J ordered that the children live with the father. The mother was granted time with the children on Wednesdays and Sundays, but this time was to be supervised by Ms D or Ms E, either in the mother's home or one of the supervisors' homes. The court also made detailed provisions for the collection and return of the children, telephone contact, and restrictions on the mother spending time with individuals other than her own family members. Further orders prohibited criticism of either parent in the children's presence and discussion of court proceedings. The father was given sole parental responsibility for medical issues, with specific exceptions for emergencies. A crucial condition was that the supervision requirement would be discharged if the JIRT inquiry concluded that C's injury was accidental.