Simpson and Caldridge

This case involved a dispute between Simpson and Caldridge concerning parenting orders for their three children. The matter came before Dessau J.

The court was required to determine the most appropriate parenting arrangements for the children, considering the parents' respective capacities, the children's best interests, and the potential impact of any proposed changes on their circumstances, particularly in light of the mother's desire to return to the United States with the children and the father's request for equal shared parental responsibility.

Dessau J discharged all previous parenting orders, including an Airport Watch List order. The court ordered that the parents retain equal shared parental responsibility, with the children to live with the mother. The judgment details specific arrangements for the father's time with each child, progressively increasing over time, particularly for the youngest child, M, until she commences primary school. The orders also address holiday arrangements, special occasions, communication protocols, and the facilitation of passport applications for the children. The court noted the mother's emphasis on the childcare support available from her family in the United States, while acknowledging the father's availability and flexibility in Australia. The court considered the significant change in circumstances that relocating to a different country would entail for the children, but also noted the potential improvement in the mother's well-being. The court was not satisfied that the parents could at that stage truly and fully share the daily care of the children on an equal basis, deeming it contraindicated.