Spiteri and Walker (No 2)

In the matter of *Spiteri and Walker (No 2)*, Cleary J of the Family Court of Australia considered a dispute between the parents concerning parenting orders for their two children, C (born 2000) and D (born 2006). The proceedings involved the discharge of prior parenting orders and the establishment of new arrangements for the children's care, welfare, and development.

The court was required to determine the extent of parental responsibility for long-term decisions concerning the children, including their schooling, participation in specific activities such as scuba diving and other water-based activities, specialist medical treatment, extra-curricular activities, obtaining passports, and overseas travel. Additionally, the court needed to establish residence and time arrangements for D, as well as outline communication protocols and procedures for changeovers between parents. The court also addressed the process for nominating a doctor for the children and the arrangements for their attendance at school, including the provision of school-related documents and enrolment procedures for D's secondary education.

Cleary J discharged all prior parenting orders and made new orders assigning sole parental responsibility to the father for long-term decisions regarding the children's care, welfare, and development. These decisions encompassed the choice of D's secondary school, participation in scuba diving and other water-based activities, specialist medical treatment, extra-curricular activities (with an acknowledgement of the father's agreement to D's participation in football), obtaining passports, and overseas travel. The father was also granted the authority to apply for and execute passport applications for the children without the mother's prior consent or signature, and he was to retain custody of D's passport during her infancy, except during agreed periods of overseas travel with the mother. The mother and father were each assigned parental responsibility for the day-to-day care of D when she was living with them. Specific residence and time arrangements were detailed for D, including alternate living arrangements during school holidays and specific periods of time with each parent during term time and for significant holidays. The court also established protocols for changeovers, communication between parents, the nomination of a medical practice and general practitioner for the children, and attendance at school events. The father was directed to provide D's secondary school details to the mother and to include the mother's contact information on D's enrolment application. The father was also ordered to arrange for the children to meet with a Family Consultant to explain the orders and address any questions the children might have.