Nesham & Santis

In the matter of MLC 12557 of 2020, Mr Nesham (the Father) was the applicant and Ms Santis (the Mother) was the respondent. The dispute concerned parenting arrangements for the parties' two children, X and Y, born in 2017 and 2016 respectively. The orders were made by O'Shannessy J on 17 June 2021.

The court was required to determine the primary care arrangements for the children, including who would have parental responsibility and where the children would live. It also needed to establish the terms of the Mother's time and communication with the children, and to address various behavioural and substance use restrictions concerning the Mother. Furthermore, the court had to consider how information about the children would be shared between the parties and how disputes regarding communication and arrangements would be resolved.

O'Shannessy J ordered that the Father have sole parental responsibility for the children and that the children live with the Father. The Mother was granted liberty to spend time and communicate with the children on terms to be agreed in writing, with the Father's last communication being determinative in the event of a dispute. The court imposed significant restraints on both parties, including prohibitions against denigrating the other parent in the presence of the children, exposing the children to family violence, discussing proceedings with third parties, and showing or leaving documents related to the proceedings accessible to the children. Specific restraints were placed on the Mother regarding the consumption of illicit and non-prescribed substances, and alcohol, both during and prior to spending time with the children. The Mother was also ordered to continue attending professional treatment and comply with prescribed medication. The court also made provisions for the service of these orders and noted the potential consequences of contravention under the Family Law Act 1975.