Spagnolo and Morgano

This matter concerned orders made by Le Poer Trench J regarding the care arrangements for three children, S, T, and N. The dispute centred on the practical implementation of shared parental responsibility and the specific times the children would spend with each parent, including during school terms, school holidays, and on special occasions. The court was tasked with establishing clear and workable orders to govern the children's living arrangements and parental communication.

The court was required to determine the precise schedule for the children's time with each parent, addressing the division of school terms, school holidays, weekends, and specific events such as birthdays. Further issues included the method and location of child exchange, communication protocols between parents, and the circumstances under which each parent could make decisions regarding the children's health, education, and welfare. The court also needed to consider injunctive relief to prevent certain behaviours by either parent that could negatively impact the children or the other parent.

Le Poer Trench J made orders reflecting equal shared responsibility for the children. The orders detailed specific periods for the children to live with the father during school terms, including a rotating schedule for the younger children, T and N, and a slightly different arrangement for S. School holiday arrangements were also specified, with a division of holidays between the parents based on even and odd years, and a particular division for Christmas holidays. The court also made orders regarding the children's birthdays, parental communication, notification of illness, and prohibited certain actions by either parent, such as denigrating the other parent, discussing proceedings with the children, making unilateral arrangements impacting the children's care, physically chastising the children, removing them from Australia without consent, or seeking specialist medical assessment without prior consent, except in emergencies. Each parent was granted liberty to apply for further interim orders on 48 hours' notice.