Penman and Morgan and Anor

This matter concerned parenting orders made by Judge Kemp. The proceedings involved the father and mother, and the court was required to determine the future parenting arrangements for their three children, X, Y, and Z. The court discharged certain final parenting orders made on 6 June 2011, while other existing orders from 22 August 2014 were to stand.

The primary legal issues before the court were the allocation of parental responsibility for the children, including decisions regarding their wellbeing, health, education, and extra-curricular activities. The court also had to determine the living arrangements and time spent by each child with their parents, with specific considerations for the differing ages and developmental stages of X, Y, and Z. Furthermore, the court addressed provisions for the children's passports, enrolment in educational institutions, and arrangements for make-up time if a parent's time with a child was suspended due to overseas travel.

The court's reasoning and the principles applied were largely based on consent orders reached by the parties. These consent orders established a phased approach to parental responsibility for Z, with the mother having sole responsibility until 31 December 2016, followed by shared responsibility with the father from 1 January 2017, and finally, sole responsibility for the father from 1 January 2019, including extra-curricular activities. For the older children, X and Y, the father was granted sole parental responsibility, with provisions for the mother to be kept informed and to raise concerns. Specific arrangements were also made regarding Z's schooling at (omitted) College and the management of his extra-curricular activities, with a gradual transition of responsibility to the father. The court also made orders concerning passport access and make-up time for suspended periods of contact.

The final orders discharged specific previous parenting orders, confirmed others, and established detailed consent arrangements for parental responsibility, living arrangements, and communication regarding the children X, Y, and Z. The proceedings were adjourned for mention on 19 March 2015, with directions for the Independent Children's Lawyer to notify the second respondent of the adjourned date and to explain the orders to the children.