Painter and Gale

This case concerned parenting orders made by Judge Small in relation to two children. The primary dispute revolved around the allocation of parental responsibility and the specific arrangements for the children's living arrangements, time with each parent, and decision-making processes.

The court was required to determine the extent of sole parental responsibility for the mother, the specific matters requiring the mother to consult with the father prior to making decisions, and the detailed schedule for the father's time with the children. Further issues included the communication protocols between the parents regarding the children's welfare, the management of medical treatment, and injunctive relief to govern the parents' conduct towards each other and in the presence of the children.

The court ordered that previous parenting orders be discharged and that the mother have sole parental responsibility for the children. The mother was directed to inform the father in writing at least 21 days before making decisions on significant matters such as changes in schooling, religious instruction, non-emergency surgery, name changes, relocation exceeding 25 kilometres, or any decision impacting the children's relationship with the father. The father was to provide his views within seven days, and while the parties were to make a genuine effort to agree, the mother would have the final decision if no agreement was reached. The children were ordered to live with the mother, and a comprehensive schedule for the father's time with the children, including specific periods during school terms, school holidays, and for special occasions, was established. The court also imposed injunctions restraining both parents from denigrating each other or discussing proceedings in the children's presence, and placed specific restrictions on the father regarding alcohol and illicit substance use while the children are in his care.