Mosley and Alban (No 2)

In Mosley and Alban (No 2), the dispute before Cronin J concerned parenting arrangements for children, specifically the number of days and the precise days the father would have time with them. While the overall quantum of time was not a major point of contention, the parties significantly disagreed on the specific days and times for the father's contact.

The court was required to determine the appropriate parenting orders, balancing the children's best interests with the parents' respective needs and circumstances. This involved establishing a schedule for the father's time with the children, both before and after his relocation within a specified distance of their school, and addressing arrangements for school holidays and special occasions.

Cronin J applied the paramount consideration of the children's best interests in making the orders. The court detailed a phased approach to the father's time, with different arrangements applying until he relocated and then a more detailed schedule once he was within 25 kilometres of the children's school. This schedule included provisions for weekdays, school holidays, Christmas, birthdays, and public holidays, with default provisions for periods where the parties could not agree. The court also incorporated a fact sheet detailing obligations, consequences of contravention, and support services, pursuant to sections 65DA(2) and 62B of the relevant legislation.