Olivier & Olivier (No 2)

This matter concerned an appeal by the mother, Ms Olivier, against orders made by Judge Tonkin on 28 September 2017, which provided for the children to live with the father, Mr Olivier, and for the father to have sole parental responsibility. The dispute revolved around the parenting arrangements for the three children of the marriage.

The primary legal issue before Gill J was whether the previous orders regarding the children's living arrangements and parental responsibility should be discharged and, if so, what new orders should be made. This involved considering the best interests of the children in light of the circumstances presented to the court.

Gill J discharged the previous orders, finding that equal shared parental responsibility was appropriate. The court ordered that the children would live with each parent as agreed, but if agreement could not be reached or ceased, the children would live with the mother. Specific provisions were made for the children to spend time with the father on alternate weekends and for half of each school holiday period, should they be living with the mother. The court also made orders regarding the mother's psychiatric medication and refused other interim orders sought by the parties. The matter was subsequently transferred to the Registrar's List.