Sayers and Davenport

This matter concerned orders made by Jordan J in the Family Court of Australia concerning the parental responsibilities and time arrangements for two children, M and P. The dispute revolved around the practical arrangements for the children's care and contact with each parent following separation.

The court was required to determine the specific orders regarding equal shared parental responsibility, the children's living arrangements, and the detailed schedule for the children spending time with each parent. This included provisions for regular time, holidays, special days such as birthdays and Mother's Day and Father's Day, as well as communication arrangements, including telephone contact and the prohibition of denigration. The court also needed to address the practical implementation of these orders, including the use of a contact centre and the involvement of professionals.

Jordan J made orders reflecting a detailed schedule for the children's time with each parent, establishing equal shared parental responsibility while stipulating that the children live with the mother. The orders set out specific alternating arrangements for time with the father, including during school holidays and special occasions, and detailed provisions for communication and the exchange of information regarding the children's health and education. The court also ordered the appointment of a person to assist in the implementation of the orders and directed both parents to engage in therapeutic counselling to improve co-parenting and communication.

The court ordered that the minutes of draft orders, which detailed the specific arrangements for parental responsibility, children's time, communication, and information sharing, be sealed and attached to the court file. These orders also included provisions for professional assistance in their implementation and for therapeutic counselling for the parents and children.