Nelson and Lowrie

In this matter before Judge Scarlett, the dispute concerned parenting orders for two children, aged seven and three. The court was required to determine the best interests of the children, specifically whether to order equal shared parental responsibility or sole parental responsibility for one parent. A further issue was whether there was evidence suggesting a possibility or threat of the children being removed from Australia, which would inform decisions regarding the delivery of passports.

The court's reasoning focused on the paramount consideration of the children's best interests. While a Family Report was presented, the court affirmed that it was not bound to follow its recommendations. The court ultimately ordered equal shared parental responsibility for the children.

The final orders discharged all earlier parenting orders and established a detailed schedule for the children's living arrangements with each parent, which varied based on the age of the children and the proximity of specific holidays. The orders also included provisions for communication between the parents and children, injunctions against denigration, and detailed requirements for notification regarding medical emergencies, school events, and overseas travel. The Independent Children's Lawyer was discharged 28 days after the order.