UNWIN & UNWIN

In UNWIN & UNWIN, Cleary J considered parenting orders concerning two children, B and C. The dispute involved the father seeking sole parental responsibility and specific living arrangements for the children, while the mother's involvement was subject to certain conditions.

The court was required to determine the primary caregiver for the children, the allocation of parental responsibility, and the nature and extent of the mother's future contact with the children. This included assessing whether the mother's contact should be supervised, the conditions under which it could become unsupervised, and the specific restrictions to be placed on her time with the children. The court also had to consider the father's role in decision-making regarding the children's long-term care and the communication protocols between the parents.

Cleary J discharged previous parenting orders and made new orders that the children live with the father and that he have sole parental responsibility. The father was directed to consult the mother in writing on long-term care decisions. The mother's time with the children was initially to be supervised at a contact centre or through a supervision service for three months, contingent on her compliance with drug testing. Failure to comply with drug testing or attendance requirements would result in contact reverting to a defined minimum. Further, unsupervised contact was permitted after the initial supervised period, subject to specific restrictions, including prohibitions on contact with certain individuals and a requirement for the mother to confirm attendance by text message. The court also made orders regarding information sharing between the parents and a general prohibition on derogatory remarks about either parent in the children's presence.