Simmonds and Ablett

This matter concerned parenting orders for two children, C and D, born in 2010 and 2013 respectively. The dispute was between the Mother and the Father regarding the children's living arrangements, parental responsibility, and time spent with each parent. The decision was made by Tree J.

The court was required to determine the extent of parental responsibility for long-term decisions, where the children would live, the nature and frequency of the Father's time with the children, and various communication and conduct protocols between the parents. Additionally, the court had to consider orders relating to the transition of the children to the Mother's care, restrictions on the Father's proximity to the children's schools, and prohibitions on physical discipline, substance use, and denigration of the other parent. The court also addressed the role and discharge of the Independent Children's Lawyer and the Father's liberty to apply for variations to the orders.

Tree J ordered that the Mother have sole parental responsibility for major long-term decisions, subject to a process of consultation with the Father. The children were ordered to live with the Mother. The Father's time with the children was to be supervised at a contact centre, with specific provisions for notice, costs, and consequences for non-attendance. The Father was restrained from attending the children's schools. The orders also included detailed provisions regarding communication between the parents, non-denigration, and the transition of the children, including the potential for recovery orders if necessary. The court also made orders regarding the Father's liberty to apply for variations and restrictions on the Mother's relocation of the children.