Sarto and Sarto

This matter concerned orders made by Judge Cole in proceedings between the parties, Sarto and Sarto, regarding their two children, [X] and [Y]. The dispute centred on the living arrangements for the children, parental responsibility, and the nature and extent of the father's time with them.

The court was required to determine the primary residence of the children, the allocation of parental responsibility, particularly concerning their education, and to establish a detailed schedule for the father's time with the children, including provisions for holidays and special days. Further issues before the court included the method and location of child handovers, communication protocols between the parents, and the father's participation in anger management and parenting programs as a prerequisite for overnight time with the children. The court also considered injunctions to restrain certain behaviours between the parties and the discharge of an Independent Children's Lawyer.

Judge Cole ordered that the children live with the mother and that she have sole parental responsibility for their education, including school choice. A phased schedule for the father's time with the children was established, commencing with supervised contact and gradually increasing to alternate weekends and then to alternate weekends with mid-week contact, subject to certain conditions. These conditions included the father completing a post-separation parenting program and addressing anger management issues, with evidence of completion to be provided to the mother before overnight time could commence. The court also made orders regarding handover locations, communication methods, and specific injunctions restraining each party from various behaviours, including discussing the proceedings with the children or denigrating the other parent. The Independent Children's Lawyer was discharged, and the proceedings concerning children's issues were otherwise dismissed.