Riccardi and Riccardi and Ors

The parties to this matter were the mother and the father, with the court being the Federal Circuit and Family Court of Australia. The dispute concerned parenting arrangements for the children B and C.

The court was required to determine the orders concerning the children's living arrangements, time spent with each parent, and the extent of shared parental responsibility. Further issues included the facilitation of the children's access to mental health professionals, the notification of serious injury or illness, the entitlement to obtain information from schools and medical professionals, and injunctions restraining the parents and the paternal grandfather from discussing the proceedings or denigrating each other in the presence of the children. The court also considered the children's time and communication with their paternal grandparents and the discharge of the Independent Children’s Lawyer.

The court made orders dismissing previous parenting orders and establishing equal shared parental responsibility for both children. The child B was ordered to live with the father on alternate weekends during school terms and for half of the school holidays, with further time to be determined by B's wishes. The child C was ordered to live with the mother, with time spent with the father to be in accordance with C's wishes and agreement with the father. The court also ordered that both parents facilitate the children attending counselling or psychological services and not interfere with the therapeutic relationship. Injunctions were granted restraining the father, mother, and paternal grandfather from discussing the proceedings or denigrating each other in the children's presence. The court also ordered that the children spend time and communicate with their paternal grandparents according to their wishes. The Independent Children’s Lawyer was discharged, and all extant applications were dismissed. The orders included a Fact Sheet detailing obligations, consequences of contravention, and assistance for compliance.