Rass and Harkin

This matter concerned parenting orders made by Guest J in the Family Court of Australia. The proceedings involved the father and the mother, who sought to discharge previous parenting orders and establish new arrangements for their two children, born in 1992 and 1995. The court's decision addressed the children's living arrangements, time spent with each parent, and the responsibilities of both parents in relation to their children's welfare and decision-making.

The court was required to determine the specific terms of new parenting orders, including the allocation of parental responsibility, the children's residence, and the schedule for the children to spend time with the mother. Additionally, the court had to consider provisions for communication between the parents and children, the exchange of information regarding the children's schooling and health, and measures to ensure the children's well-being and development, including counselling and assessments. Injunctions were also to be considered to prevent denigration of parents and discussion of proceedings in the children's presence.

Guest J ordered the discharge of all previous parenting orders and established equal shared parental responsibility for both parents, including decision-making regarding long-term issues. The children were ordered to live with the father, with detailed provisions outlining the time the children would spend with the mother, including alternate weekends, school holidays, and specific days like Mother's Day. The orders also stipulated communication arrangements, including telephone contact, and specified locations and procedures for changeovers. The court further mandated that the father authorise the school to provide information to the mother and permitted the mother to attend school and extra-curricular activities. Injunctions were granted restraining both parents from denigrating the other parent to or in the presence of the children, and from discussing the proceedings with them. Provisions were made for counselling and assessment for both children, and for parental counselling to improve communication. The court also ordered the mother to provide a police criminal record for Mr B, and pending its production, Mr B was not to participate in time spent with the children. Compliance with the parenting orders was to be supervised by a family consultant for 12 months.