MOREIN & MOREIN

In the matter of Morein & Morein, Ms Morein was the applicant, and the proceedings were heard by Rees J. The dispute concerned parenting orders for the parties' three children, where despite agreeing on a suite of orders, they remained unable to agree on the issue of parental responsibility. The court noted that the relationship between the parents was characterised by longstanding conflict, and that granting sole parental responsibility to one parent would likely exacerbate this conflict and negatively impact the children.

The primary legal issue before the court was how to best determine parental responsibility in circumstances of high parental conflict, with a view to promoting the children's welfare. The court was also required to consider the costs associated with the Independent Children's Lawyer, particularly given the mother's financial circumstances and her claims regarding the father's income.

Rees J determined that the most appropriate order for parental responsibility was for the parents to have equal shared parental responsibility. This decision was made in recognition that sole parental responsibility would likely fuel existing conflict. The court also ordered that the father pay half of the costs of the Independent Children's Lawyer, amounting to $4,551, to the Legal Aid Commission. All previous parenting orders were discharged by consent. The orders further stipulated that the children would live with the mother, with specific arrangements for the children to spend time with the father, including a phased reintroduction for one child through therapy. The orders also detailed communication protocols, attendance at school and other events, and significant restraints on parental conduct, including prohibitions against denigration and discussing proceedings with the children. Finally, the parties were directed to participate in parenting programs and family therapy.