Phelan and Phelan

In Phelan and Phelan, Judge Brown of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for the three children of the marriage. The dispute centred on how the children would spend their time with each parent and the communication and conduct of the parents in relation to the children.

The court was required to determine the appropriate orders for equal shared parental responsibility, the specific living arrangements for each child, and the practical arrangements for the children's time with the father. Additionally, the court needed to address issues of parental conduct, including prohibitions against denigrating the other parent in the children's presence and discussing proceedings with the children. The court also considered the exchange of information regarding the children's welfare and development, and the attendance of the parties and children at a family dispute resolution conference.

Judge Brown ordered that the parties have equal shared parental responsibility for the children. The eldest child, X, was ordered to live with the mother and spend time with the father as agreed by the parties, subject to X's wishes. The younger children, Y and Z, were ordered to live with the mother and spend time with the father on alternate weekends during school terms and for a specified period during the mid-year school holidays. The court also made orders for the exchange of the children, including at their schools, and provided for alternative exchange locations if school was not in session. Injunctions were granted restraining both parents from abusing or discussing the proceedings with the children. The parties were directed to exchange relevant information electronically, with the father to establish a dedicated email account for this purpose. The mother was ordered to inform the father of all medical and allied health appointments, and the father was authorised to consult with the children's health professionals. Finally, the parties and children were directed to attend a child-inclusive family dispute resolution conference, with further consideration of the matter adjourned.