Neaden and Fillborow

The case of Neaden and Fillborow involved a dispute between the parents concerning the future care and upbringing of their two children, X and Y. The matter came before Gill J.

The court was required to determine a range of issues relating to parental responsibility, the children's living arrangements, and the time each parent would spend with the children. Specifically, the court had to decide on the allocation of parental responsibility, whether the children should live with the father, the nature and extent of therapeutic counselling for the children, and the specific arrangements for the children's time with the mother, including during school terms, holidays, and special days. The court also needed to address handover procedures, communication between parents, and injunctive relief to protect the children from parental conflict.

Gill J ordered that all previous parenting orders be discharged. The father was granted sole parental responsibility for the children, and the children were ordered to live with him. The father was directed to inform the mother in writing of decisions regarding long-term issues, invite her comments, and take those comments into account if she responded within the specified timeframe, before informing her of the final decision. The father was also ordered to arrange for the children to attend therapeutic counselling, with the costs to be borne by him. The orders then detailed a phased approach to the children spending time with the mother, commencing with supervised contact and progressing to alternate weekends and a proportion of school holidays and Christmas, with specific arrangements for special days. Injunctions were imposed restraining both parents from denigrating the other or discussing proceedings in the presence of the children. Both parents were permitted to liaise directly with the children's school and sporting bodies, and a communication book was to be used. The Independent Children's Lawyer was discharged eight weeks from the date of the orders.