Smithers and Gill

This matter concerned parenting orders for two children, B and C, born in 2012 and 2013 respectively. The dispute involved the mother and the father regarding the children's living arrangements, parental responsibility, and time spent with each parent. The court was required to determine these arrangements and issue orders accordingly.

The court was tasked with determining the primary residence of the children, the allocation of parental responsibility for significant decisions concerning their welfare, and the specific times the children would spend with each parent. Additionally, the court needed to address communication protocols between the parents and children, arrangements for special days, and the process for changing the children's family names. The court also had to consider injunctions to restrain certain behaviours between the parents and establish a mechanism for resolving future disputes.

Forrest J ordered that the children shall live with the mother. The mother was granted sole parental responsibility for decisions regarding the children's education, religious and cultural upbringing, and health, subject to specific notification and consultation obligations with the father. Equal shared parental responsibility was ordered for decisions concerning the children's names and changes to living arrangements that significantly impact time with the father. Detailed provisions were made for the children's time with the father, including alternate weekends, school terms, school holidays, and special days. The court also ordered a change of the children's family name to Smithers-Gill and issued injunctions restraining both parents from discussing the proceedings with the children or in their hearing, speaking disrespectfully of the other parent, or engaging in certain behaviours related to substance use while the children are in their care. The Independent Children's Lawyer was discharged.