PAYNES & DONALDSON

The case of Paynes & Donaldson concerned parenting orders made by Judge Hartnett in relation to two children, X and Y. The dispute revolved around the arrangements for the children's living arrangements, time spent with each parent, and related matters such as transportation, communication, and geographical restrictions on the mother's residence.

The court was required to determine the specific terms of the parenting orders, including the schedule for the children to live with the mother and spend time with the father. This involved defining the frequency and duration of the father's time with the children during school terms, school holidays, and specific public holidays, as well as provisions for birthdays and communication. The court also needed to address practical considerations such as the transportation of the children, the sharing of educational information, notification of illness or injury, and changes of address. Furthermore, the court had to consider a geographical restriction on the mother's residence and the attendance of both parties at a parenting program.

Judge Hartnett made detailed orders regarding the children's living arrangements, stipulating that they live with the mother. The orders then set out an extensive schedule for the children to spend time and communicate with the father, encompassing various periods throughout the year, including school terms, school holidays, Christmas, and Father's Day. These provisions included specific times for commencement and conclusion of contact, as well as arrangements for alternate years and the election of holiday periods. The court also ordered that the parties share transportation responsibilities, that the mother authorise the release of educational information to the father, and that both parents inform each other of serious illness or injury to the children and any changes of address. A geographical restriction was placed on the mother's residence, requiring her to remain within a specified area unless the father consented or a court order permitted otherwise. Finally, the court ordered both parties to attend a Parenting After Separation Program and dismissed all other extant applications.