STOKES & STOKES

This case involved parenting orders concerning two children, C and E, born in 2002 and 2005 respectively. The dispute centred on the living arrangements and parental responsibilities for the children. The matter was heard by Forrest J.

The court was required to determine the primary residence of the children, the allocation of parental responsibility for major long-term decisions, and the specific arrangements for the children's time with each parent, including communication, changeovers, holidays, and special days. Additionally, the court needed to address the role of counselling and therapeutic intervention for both the parents and the children, as well as the involvement of the Independent Children's Lawyer and potential supervision by Child Dispute Services.

Forrest J ordered that the children live with their mother and that she have sole parental responsibility for major long-term decisions concerning their education, religious and cultural upbringing, health, and names. However, the mother was required to consult with the father in writing regarding these decisions, providing him with an opportunity to respond within seven days. The father was made responsible for the children's day-to-day care when they were with him, and the mother when they were with her. The orders then detailed a phased approach to the children spending time with their father, commencing with supervised contact and gradually increasing to unsupervised time, alongside specific arrangements for school holidays, special days, and communication. The court also mandated counselling for both parents and the children, with the Independent Children's Lawyer to facilitate the process and publish relevant documents.

The final orders discharged all previous orders and parenting plans. The children were ordered to live with the mother, who was granted sole parental responsibility for major long-term decisions, subject to a consultation process with the father. Detailed arrangements were made for the children's time with the father, including a staged progression from supervised to unsupervised contact, and specific provisions for holidays, special days, and communication. The court also ordered both parents to engage in counselling and a parenting orders programme, and directed the Independent Children's Lawyer to publish relevant documents to therapists and the Department of Communities, Child Safety and Disability Services before being discharged. All outstanding applications were dismissed.