Tordai and Pletcher

This matter concerned an application before Judge Burchardt in the Federal Circuit Court of Australia, relating to parenting orders for two children, [X] and [Y]. The dispute involved the discharge of an existing injunction and the establishment of new arrangements for shared parental responsibility, living arrangements, and time spent with each parent.

The court was required to determine the terms of parenting orders, specifically addressing the discharge of an injunction, the division of parental responsibility, the children's living arrangements on a week-about basis, and detailed provisions for time spent with each parent during school holidays, birthdays, and significant annual events. Further issues included the practicalities of changeovers, the exchange of personal and medical information, prohibitions on denigration, restrictions on enrolling children in activities, and provisions for communication and overseas travel.

Judge Burchardt ordered the discharge of the injunction and established equal shared parental responsibility for the children. The court made detailed orders regarding the children's living arrangements, stipulating a week-about schedule with changeovers at school. Specific provisions were made for school holidays, including a week-about arrangement with alternating weeks for each parent in even and odd years. The orders also outlined specific times for the children to spend with each parent on their birthdays, Father's Day, Mother's Day, and during the Christmas period, with detailed stipulations for school days and non-school days, and for even and odd years. The court also mandated that changeovers occur at the children's school or day care, and that the applicant collect the children from the respondent's residence for changeovers not occurring at school. Further orders addressed the exchange of contact details, notification of illness, access to medical records and medication, a prohibition on denigration, restrictions on enrolling children in activities, a first option for the father to care for children if parents are unable to do so personally, the children's schooling arrangements, and communication protocols between parents and children. Finally, provisions were made for overseas travel, requiring a detailed itinerary to be provided 90 days in advance.