RUSSELL & WEST

In RUSSELL & WEST, the parties brought their dispute concerning parenting arrangements for their children before the court. The orders made by Cronin J addressed various aspects of these arrangements, including the timing of child changeovers on Christmas Day and New Year's Eve, the commencement of school holidays, and the observance of Father's Day and Mother's Day. The court also made orders regarding shared travel during holiday periods and directed the parties to continue counselling with Dr. C, cooperating with his recommendations and allowing him to inform each party of the other's progress.

The court was required to determine the specific terms of parenting orders, including the practical arrangements for the children's time with each parent, particularly during significant holidays and school breaks. Additionally, the court needed to address the ongoing counselling of the parties and the role of the Independent Children's Lawyer in explaining the court's orders to the children and facilitating their understanding and compliance. The court also considered the need for injunctions to prevent discussion of the proceedings with the children until they had been informed by the Independent Children's Lawyer.

Cronin J applied principles of family law concerning the best interests of the child, as reflected in the detailed orders for changeovers, holidays, and special days. The court emphasised cooperation and communication between the parents, particularly through the continuation of counselling and the involvement of Dr. C. The court also recognised the importance of the Independent Children's Lawyer in ensuring the children understood the court's decisions and their implications. The court noted its decision not to make specific orders regarding the parties' or children's birthdays, encouraging them to make their own arrangements.

The court varied previous orders to implement the specified holiday and changeover arrangements. It also made orders for ongoing counselling, the involvement of the Independent Children's Lawyer, and injunctions restraining discussion of the proceedings with the children. By consent, further orders were made in accordance with minutes of proposed orders. All other applications were dismissed, and a Fact Sheet detailing the obligations and consequences of contravening the orders was attached and incorporated.