Naczek and Dowler (No. 2)

This matter concerned orders made by Justice Cronin regarding the parenting arrangements for two children, N and L. The dispute centred on the specific terms of the children's time with their father, the husband, particularly in relation to his residence within the "Geelong environs," defined as a 25-kilometre radius of the Geelong General Post Office. The orders detailed the practical arrangements for the children's living arrangements during school terms, school holidays, and specific public holidays.

The court was required to determine the precise conditions under which the children would live with the husband during school terms, including the method of collection and return, and how these arrangements would be suspended during school holidays and other special days. Further issues included the division of school term holidays and long summer holidays between the parents, as well as specific arrangements for Father's Day, Christmas, and Mother's Day. The court also needed to address the impact of the husband's residence within the Geelong environs on existing orders.

Justice Cronin's reasoning involved establishing a clear framework for the children's time with each parent, aiming for certainty and practicality. The orders specified that if the husband lived within the Geelong environs, the children would live with him during school terms on alternate weeks, with detailed provisions for collection and return to school. The court also outlined a method for dividing school term holidays and long summer holidays, including specific exclusions and calculation methods for the summer break. Special provisions were made for Father's Day, Christmas, and Mother's Day, with mechanisms for collection and return of the children to the wife's residence. The court also suspended a prior order concerning the husband's obligations during periods he resided within the Geelong environs. Finally, the court incorporated a fact sheet detailing the obligations and consequences of contravening the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation.