Surrey and Bernard

This matter concerned parenting orders for three children, R, B, and C. The dispute between the parties, the Husband and the Wife, led to an application by the Wife and a response by the Husband, both seeking final parenting orders. The case was heard by Guest J.

The court was required to determine the living arrangements for the children, the extent of shared parental responsibility, and the specific time the children would spend with each parent. Further issues included the communication arrangements between parents and children, the location for changeovers, and the provision of information regarding the children's schooling and health. The court also had to consider injunctions to prevent denigration of a parent and to control changes to the children's schooling, as well as the role of an Independent Children's Lawyer.

Guest J made orders discharging all previous parenting orders. The children R and B were ordered to live with the Husband, with both parents sharing parental responsibility equally. Specific arrangements were detailed for the children to spend time with and communicate with the Wife, including alternate weekends, school holidays, and specific holiday periods. The court also made orders regarding changeover locations, the exchange of contact details, and the facilitation of the children's attendance at school events and with medical professionals. The Husband was ordered to facilitate the children's attendance with a counsellor to assist with their transition. The court also imposed injunctions restraining the parents from denigrating each other in the presence of the children and from changing the children's schools without consent.

The Wife's application and the Husband's response were otherwise dismissed. The court noted the Wife's consent to the children living with the Husband was based on her belief that their long-term relationship would not suffer and that the orders were in the children's best interests. The Husband was to facilitate the explanation of the orders to the children by the Independent Children's Lawyer, and both parents were to be sensitive to the children's wishes regarding their attendance arrangements.