Skye and Skye

This matter concerned an application by the mother for sole parental responsibility for the parties' two children, B and C. The dispute centred on the allocation of decision-making power regarding significant long-term issues affecting the children.

The court was required to determine whether to grant the mother sole parental responsibility for major long-term issues, including the children's education, religious and cultural upbringing, health, and overseas travel. The court also had to consider the terms under which such responsibility, if granted, would be exercised, and the arrangements for the children's living arrangements, time with the father, communication, and the exchange of belongings. Further issues included the provision of information to parents regarding the children's health and education, the obtaining of passports, and restrictions on parental conduct and relocation.

Forrest J ordered that the mother have sole parental responsibility for the major long-term issues concerning the children. However, this responsibility was to be exercised with specific procedural requirements: the mother was to inform the father in writing of any proposed decision on a major long-term issue, invite his input in writing, give genuine consideration to that input, and then inform him in writing of the final decision. By consent, the children were ordered to live with the mother and spend time and communicate with the father as agreed, with specific provisions for telephone and email contact. The orders also detailed arrangements for the exchange of children's belongings, the sharing of medical and educational information, the obtaining of passports, and permitted the mother to take the children on holiday overseas for a period not exceeding eight weeks. The court also imposed restrictions on parental conduct, including a prohibition on denigrating the other parent, and a limitation on the mother relocating the children's residence beyond a 100km radius without the father's consent or court order. Finally, the orders mandated therapeutic counselling for the children and father to restore their relationship, with shared costs and adherence to the therapist's recommendations, and authorised the Independent Children's Lawyer to provide relevant reports and correspondence to the therapist.