Smallwood and Smallwood

In *Smallwood and Smallwood*, Berman J of the Family Court of Australia made orders concerning the parental responsibility and communication between the parents of two children, B and C. The dispute centred on how the parents would share responsibility for the children's upbringing, particularly in relation to education and health, and how they would communicate with each other and the children.

The court was required to determine the extent of shared parental responsibility, the specific areas where one parent would have ultimate decision-making power, and the conditions under which each parent could communicate with the children and receive information about them. Further issues included the appropriate use of social media by the father and the need for professional intervention to explain court orders to the children and reinforce their relationship with the father.

Berman J ordered that the parties have shared parental responsibility for the children, but that the mother would have sole responsibility for decisions regarding education and health. In these areas, the mother was required to consult with the father genuinely, but she retained the final decision-making power if agreement could not be reached. The father was permitted limited contact with the children via cards and letters, and was authorised to receive school reports at his expense. The mother was ordered to provide photographs of the children and to keep the father informed of medical practitioners and hospital admissions, facilitating his contact with medical professionals. Injunctions were granted restraining the mother from denigrating the father in the children's presence and the father from using social media to discuss the parties, children, or litigation. The mother was also ordered to facilitate the children's attendance with a health professional to explain the court orders and reinforce the father's role in their lives.