Mundell and Saad

This matter concerned orders made by Loughnan J regarding the parental responsibility and time arrangements for two children, B and D. The dispute involved the parents' arrangements for the children's upbringing and contact with the father.

The court was required to determine the extent of each parent's parental responsibility, where the children would live, and the specific arrangements for the children to spend time with the father. This included establishing conditions and a phased approach to the father's time with the children, contingent on his compliance with drug testing and engagement with mental health services. The court also addressed communication protocols between the parents and the role of the Independent Children's Lawyer.

Loughnan J ordered that the mother have sole parental responsibility for the children, with specific requirements for her to inform the father of significant decisions and consider his views. The children were ordered to live with the mother. The father's time with the children was to commence under supervision for a period, with progression to unsupervised time contingent on negative drug test results and substantial compliance with supervised time. The father was also ordered to obtain a mental health treatment plan and provide an authority for the Independent Children's Lawyer to obtain information from his treating psychologist. Injunctions were granted restraining the parents from denigrating each other in the presence of the children and from discussing proceedings with them.

The orders also detailed communication methods between the parents, arrangements for school correspondence, makeup time for missed contact, and provisions for medical emergencies. The mother was ordered to pay half the costs of the Independent Children's Lawyer. Leave was granted to the parties to apply to the court within 28 days regarding the wording of the orders.