Orff and Lever

This matter concerned parenting orders for two children, X and Y, born in 2009 and 2010 respectively. The dispute involved the mother and father of the children, with Foster J presiding.

The court was required to determine the living arrangements for the children, the allocation of parental responsibility, the nature and extent of the children's time with each parent, and various protective measures concerning the children's well-being and safety. Specific issues included the mother's parenting capacity, her ability to manage stress and her own psychological well-being, and the need for supervision during her time with the children. The court also considered the father's role in decision-making and the children's communication with him.

Foster J ordered that all previous parenting orders be discharged. The children were to live with the mother, who was granted sole parental responsibility, with a requirement to notify the father of significant decisions. The children were to spend time with the father as agreed, or in default, on alternate weekends during school terms, specific periods during school holidays, and at other agreed times. The orders also stipulated detailed arrangements for changeovers, communication between the children and the father, and the children's attendance at school. Crucially, the mother was ordered to attend psychological assessment and counselling, and to authorise the release of information to the Independent Children's Lawyer. The court imposed various restraints on both parents, including prohibitions against physical discipline, verbal or psychological abuse, discussing proceedings with the children, and allowing unsupervised swimming or riding on motorised vehicles. The mother's time with the children was to be substantially in the presence of specific individuals, with provisions for observation and removal of the children in case of risk. The father was also restrained from continuing the children's current engagement with a psychologist without the consent of the Independent Children's Lawyer.