Stubbs and Stubbs (No 2)

This case concerned parental responsibility and living arrangements for two children, D and N. The dispute was before O'Reilly J.

The court was required to determine the extent of parental responsibility each parent would have concerning the children's education and health, and to establish the day-to-day care arrangements, including living arrangements and time spent with each parent. Further issues included the management of the children's health, including psychiatric care for D, and the financial responsibilities associated with such care. The court also had to consider the communication protocols between the parents regarding the children and implement specific restraints on the father's conduct and associations while the children were in his care.

O'Reilly J made orders that the mother have sole parental responsibility for the children's education and health, while day-to-day responsibility, including extracurricular activities and church attendance, would be shared. The mother was directed to follow nutritionist advice and ensure D continued psychiatric treatment, with shared costs for private psychiatrists. Major medical and school decisions required the mother to consult the father in writing, considering his response before making a final decision. The children were ordered to live with the mother, with specific provisions for time spent with the father on alternate weekends, mid-week, during school holidays, and on special days including birthdays and Christmas. Restraints were placed on the father regarding contact with certain individuals, drug consumption, and attending the mother's home. Both parents were prohibited from physical discipline and denigrating each other to the children. The court also ordered that a family consultant explain the orders to the children before they were informed of the details.