PALAMARIS & FALBERG (No.2)

This case concerned parenting arrangements for three children, Y (born 2003), X (born 2005), and Z (born 2008). The parties agreed that the eldest child, Y, would live with the parent of her choice and no orders were sought in relation to her. The dispute before Judge Young involved determining the school holiday time the younger children, X and Z, should spend with each parent, given that X lived with the mother in New South Wales and Z lived with the father in the Northern Territory.

The court was required to determine the specific arrangements for the children's time with each parent during school holidays, including the duration and timing of these periods. Additionally, the court needed to establish protocols for communication between the parents regarding the children's welfare, including education and health matters, and to address potential disputes that might arise. The court also had to consider arrangements for travel, the possession of children's passports, and to make orders restraining certain behaviours by the parents.

Judge Young made orders by consent, establishing equal shared parental responsibility for all three children. The orders stipulated that child X would live with the mother and child Z would live with the father. Detailed provisions were made for the children's time with the non-resident parent during school holidays, with alternating arrangements for future years to ensure both parents had significant time with the children. The court also ordered that parents communicate in writing regarding major long-term issues, participate in family dispute resolution if agreement could not be reached, and that the parent caring for a child in an emergency could make immediate decisions. Further orders addressed communication, travel, passport arrangements, and included injunctions restraining denigration of the other parent, drug and alcohol use, exposure to family violence, physical discipline, and questioning children about the other parent's household or the proceedings. All outstanding applications were dismissed.