Oscar & Traynor

This matter concerned applications made by the Father in November 2006 and November 2007, as well as an application for contravention filed in November 2007, all of which were dismissed by Murphy J. The dispute centred on parenting orders for two children, O… and X….

The court was required to determine the appropriate parenting orders for the children, specifically regarding parental responsibility, where the children would live, and the arrangements for the children to spend time with their father. The court also had to consider the father's access to information about the children's welfare and activities, and the role of a Family Centre in supervising changeovers and observing potential issues.

Murphy J ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for the long-term welfare, development, and care of the children, with the caveat that she must provide the father with at least 28 days' written notice of any decision concerning a "major long-term issue." Both parents retained parental responsibility for day-to-day matters during the time the children spent with them. The children were ordered to live with the mother. Specific arrangements were made for the children to spend time with their father, including supervised changeovers at a Family Centre, with provisions for alternate Saturdays, Father's Day, Christmas Day, and the children's birthdays. The mother was also directed to actively encourage the children to communicate with their father and to provide him with information regarding the children's schooling, extracurricular activities, and health. The court also ordered the Family Centre to monitor changeovers and observe any signs that the father might be adversely affected by alcohol.