Walmsely and Presley

In the matter of Walmsely and Presley, Cleary J made orders concerning the time the children would spend with their mother and communication between the mother and children, as well as imposing certain restraints on both parents. The dispute concerned arrangements for the children following consent orders made on 13 December 2016.

The court was required to determine the specific terms of the children's time with the mother, including the frequency and duration of contact, and the geographical area within which this time would occur. Further issues included the parameters for communication between the mother and children, and the imposition of restraints on both parents regarding alcohol consumption, denigration of the other party, and the provision of information concerning the children's health and education. The court also considered the parents' compliance with treatment for mental health and substance abuse issues.

Cleary J ordered that the previous consent orders, with one exception, be suspended. The children were to spend time with the mother on specified Sundays, with provisions for alternative arrangements on Father's Day and by agreement. Communication by telephone and Facetime was also detailed, with the father to ensure privacy for these communications. Crucially, the mother was restrained from consuming alcohol when the children were in her care or in the twelve hours preceding such care, and during any communication with the children. Both parents were restrained from denigrating each other or their extended families in the presence of the children. The orders also stipulated notification requirements for illness, the sharing of contact details, and mutual authorisation for the mother to be kept informed by the children's treating medical practitioners and school. The court noted the mother's stated intention to continue treatment and remain sober.