Schultz and Westfall

This matter concerned parenting orders for three children, [X], [Y], and [Z], born in 2000, 2001, and 2003 respectively. The dispute involved the parents' respective responsibilities and the children's living arrangements, including a proposed relocation of the children's residence. The decision was made by Judge Phipps.

The court was required to determine the extent of parental responsibility each parent would have for the children, where the children would live, and the specific arrangements for the children to spend time with each parent. A key issue was whether to permit the husband to relocate the children's residence to the [G] area in suburban Melbourne, Victoria, and how the parenting arrangements would operate both before and after such a relocation. The court also had to consider the practicalities of changeovers and impose certain restrictions on the parents' conduct.

Judge Phipps ordered that all existing parenting orders be discharged and that the husband and wife have equal shared parental responsibility for the children. The children were ordered to live with the husband, and he was permitted to relocate their residence to the [G] area. Detailed provisions were made for the children to spend time and communicate with the wife, both before and after the relocation, with specific arrangements for weekends, special days, school holidays, and digital communication. The orders also stipulated how changeovers would occur and included injunctions restraining both parents from excessive alcohol consumption and gambling. The court also noted that particulars of obligations and consequences of contravention were set out in an attached Fact Sheet.