Tirkel and Loebenstein

In the matter of Tirkel and Loebenstein, Justice Mullane of the Federal Circuit Court of Australia considered parenting orders concerning two children, L and M, born in December 1998. The dispute involved the existing parenting arrangements and the need for revised orders, particularly in light of the mother's full-time training.

The court was required to determine the terms of new parenting orders, including the suspension of existing orders, the children's living arrangements, and the time the children would spend with each parent. The court also had to address provisions for communication between the parents and children, the exchange of information regarding the children's schooling and medical emergencies, and restrictions on organised weekend activities. Furthermore, the court was to make orders regarding the parties' attendance at a parenting after separation course.

The orders made by Justice Mullane were largely by consent of the parties. The court suspended the previous parenting orders until 21 July 2009, or earlier if the mother ceased full-time training. During this suspension, the children were to live with the mother, who was required to ensure they resided in the Newcastle area or northern Sydney. Detailed provisions were made for the children's time with the father, including alternate weekends, specific school vacation periods, and limited weekday contact. The orders also included provisions for communication, information sharing, and attendance at school functions, as well as a mutual restraint on enrolling the children in weekend organised activities without consent. Finally, both parties were ordered to attend and complete a parenting after separation course.