Riley and Allen

This case concerned parenting orders made by Tree J in relation to two children, B and C. The dispute involved the allocation of parental responsibility, living arrangements, holiday time, communication between parents, and the requirement for mediation before further proceedings. The court was tasked with determining the best interests of the children in light of the parents' ongoing conflict.

The central legal issues before the court were how to best provide for the long-term welfare of B and C, including decisions regarding their upbringing, where they would live, and how time would be spent with each parent. The court also had to consider the appropriate communication protocols between the parents and the necessity of mandatory mediation to resolve future disputes. Furthermore, the court needed to address the role of an Independent Children's Lawyer and a s 65L supervisor.

Tree J discharged previous parenting orders and made new arrangements. The mother was granted sole parental responsibility for B regarding long-term issues, while the father received the same for C. However, specific provisions were made for C's participation in sports, with a rotating choice between parents in even and odd years, and provisions for individual sports. B was ordered to live with the mother, and C was to live with the parents on a week-about basis, with detailed arrangements for changeovers. Holiday time, particularly Christmas, was also specifically allocated. The court mandated email communication between parents, prohibited telephone calls to children while with the other parent, and ensured children could contact the other parent upon request. Crucially, both parents were required to attend mediation before initiating further proceedings. The Independent Children's Lawyer and supervisor were to be discharged after the appeal period or determination of any appeal, after explaining the orders to the children. All other extant applications were dismissed.