Naczek and Dowler (No. 5)

In *Naczek and Dowler (No. 5)*, Justice Cronin of the Family Court of Australia considered parenting orders concerning the children of the marriage, N and L. The dispute centred on the arrangements for the children's living situation, time spent with each parent, and communication between the parents and children, particularly given the husband's residence outside of Australia.

The court was required to determine the extent of equal shared parental responsibility, the primary living arrangements for the children, and the specific details of the time the children would spend with the husband, both within Australia and internationally. Further issues included the nature and frequency of communication between the parents and children, and the exchange of information regarding the children's education and health. The court also addressed the wife's ongoing psychotherapy and the implications for her ability to care for the children.

Justice Cronin discharged all previous parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the wife. The court then detailed specific arrangements for the children to spend time with the husband, including periods of up to three weeks per annum when he is overseas, alternate Christmases, and weekend time when he is in Australia, subject to advance notice and itinerary provision. Communication protocols were established, including scheduled telephone calls and the wife being restrained from interfering with these calls. The court also mandated the wife's continued psychotherapy, with her therapist authorised to inform the husband of non-compliance. Provisions were made for information sharing regarding the children's schooling and medical care, and for immediate notification of serious illness or injury. The court noted that particulars of obligations and consequences of contravention were set out in an attached Fact Sheet.