RAIMER & WALCUTT

In RAIMER & WALCUTT, the dispute concerned parenting arrangements for two children, X and Y, born in 2004 and 2006 respectively. The proceedings were before Judge O'Sullivan. The mother sought sole parental responsibility and orders for the children to live with her, while the father sought equal shared parental responsibility and specific time spent orders.

The court was required to determine whether to make orders for equal shared parental responsibility, the living arrangements for the children, and the time the children would spend with each parent. The court also had to consider the evidence presented, including a private report writer's report and the position of the Independent Children's Lawyer, in determining what final orders would be in the children's best interests.

Judge O'Sullivan discharged all previous parenting orders and made orders for the mother to have sole parental responsibility and for the children to live with her. The father was to spend time with X according to his wishes. For Y, time spent with the father was contingent on him completing a Men's Behavioural Change Program and attending family therapy with Y, at his expense. Thereafter, Y was to communicate and spend time with the father according to her wishes, with the mother to facilitate this as far as practicable. The court also made orders regarding communication of serious illness or injury, school reports, and prohibiting denigration of either parent. Crucially, the court noted that to the extent any orders were inconsistent with an intervention order made in the Victorian Magistrates Court, the intervention order would continue to operate. The mother was authorised to obtain passports for the children without the father's consent. The appointment of the Independent Children's Lawyer was discharged.