Sherrill and Pinkerton

This matter concerned an application by the Applicant and Respondent regarding parental responsibility and the living arrangements for their two children, X and Y. The court was required to make orders concerning the children's day-to-day care and time with each parent, including arrangements for school terms, holidays, and special occasions.

The primary legal issue before the court was to determine the most appropriate orders for parental responsibility and the time the children would spend with each parent, consistent with the children's best interests. This involved establishing a detailed schedule for the children's living arrangements, addressing the practicalities of changeovers, and setting out provisions for education, communication between parents, and interstate and overseas travel. The court also considered orders relating to the children's passports and the consequences of contravening the orders.

The court ordered that the Applicant and Respondent have equal shared parental responsibility for the children. It then established a complex fortnightly cycle for the children's living arrangements during term time, with specific variations for certain weeks to ensure each child spent weekend time with both parents. The court also made detailed provisions for school holidays, including the long summer holidays, and for special occasions such as Christmas, Mother's Day, Father's Day, and the children's and parents' birthdays. Further orders addressed the location of changeovers, the children's education, and a prohibition against denigrating the other parent. The court also included provisions for communication between parents regarding the children's health, education, and travel, and made specific orders concerning the retention and exchange of the children's passports.