Sebastian and Sebastian (No 3)

The proceedings before Young J involved parenting orders concerning the children G and M. The dispute centred on the arrangements for the children's living arrangements, time spent with each parent, and communication. The orders were made by consent, with the exception of certain provisions concerning the wife's conduct.

The court was required to determine the specific terms of parenting orders, including the children's primary residence, the schedule for time spent with each parent, and provisions for communication between the children and the wife. Additionally, the court addressed the wife's consumption of alcohol and non-prescription drugs, the installation and use of an alcohol monitoring system, and restrictions on her driving and proximity to school campuses and the husband's residence. The court also considered orders relating to the parents' discussion of proceedings and denigration of each other in the presence of the children.

The court's reasoning, as reflected in the orders, aimed to establish a framework for the children's welfare and parental involvement. By consent, the primary residence of G and M was ordered to be with the husband, with detailed provisions for their time and communication with the wife. Notably, several provisions allowed for G's election regarding time with the wife, acknowledging the child's preference without constituting a contravention of orders. The court also imposed specific, non-consensual orders on the wife regarding alcohol consumption and monitoring, and restrictions on her proximity to the children's school and the husband's home, reflecting concerns for the children's safety. Further orders were made to prevent the discussion or denigration of proceedings and allegations in the children's presence, and to facilitate ongoing professional support for the children.

The final orders suspended previous parenting orders and undertakings, save for the appointment of an Independent Children's Lawyer and undertakings given on 7 December 2011. The court then set out detailed arrangements for G and M to live with the husband and spend time with the wife, including specific schedules and communication protocols. The wife was subject to conditions regarding alcohol consumption, the use of an alcohol monitoring system, and restrictions on her proximity to school campuses and the husband's residence. The matter was listed for mention on 24 January 2013 for directions regarding parenting proceedings, and the wife's application in a case filed on 31 July 2012 was dismissed.