Rutherford and Batey

This matter concerned orders made by Judge Stewart regarding the children X and Y, born in 2004 and 2007 respectively. The dispute involved the parents, Mr Rutherford and Ms Batey, and the arrangements for their children.

The court was required to determine a range of issues concerning the children's welfare and parental responsibilities. These included the allocation of parental responsibility, the living arrangements for the children, the specific times the children would spend with each parent, communication protocols between the parents, and measures to prevent the children's removal from Australia. The court also addressed the father's consumption of alcohol while the children were in his care, restrictions on denigrating the mother, and the father's participation in a parenting program.

In its determination, the court discharged previous orders and granted the mother sole parental responsibility. The children were ordered to live with the mother, with specific provisions for the father's time with them, including during school terms, holidays, and on particular weekends. The court also established a process for the mother to make long-term decisions, requiring her to consult with the father. Further orders included restrictions on the father's alcohol consumption and his conduct in the presence of the children, as well as a prohibition on removing the children from Australia. The father was also ordered to complete a parenting program.