Weber and Crossman

This matter concerned parenting orders made by Faulks DCJ regarding two children, Z and Y. The dispute involved the parents' differing views on the children's living arrangements, time spent with each parent, and the mother's mental health. The court was tasked with determining the best interests of the children in light of these circumstances.

The primary legal issues before the court were to determine the appropriate parenting arrangements for the children, including who would have sole parental responsibility, where the children would live, the extent of time they would spend with each parent, and how communication and decision-making regarding the children's welfare, such as schooling and medical care, would be managed. The court also had to consider the impact of the mother's mental health on her parenting capacity and the children's well-being.

Faulks DCJ reasoned that it was inappropriate to require the children to choose between their parents, as this would place an undue burden on them. The court found that both parents enjoyed a good relationship with the children, as evidenced by a single expert's report. However, the court noted that while the children expressed frustration with the mother at times, they also felt she had more time for them and was more attentive to their feelings. Conversely, the children perceived the father as being very busy, particularly since the introduction of Ms S into his life, leading to a feeling of being ignored. The court acknowledged that the mother's mental health issues had impacted her relationship with the children, citing specific incidents.

The court made orders granting the mother sole parental responsibility for the children, subject to specific conditions regarding communication and information sharing with the father concerning medical consultations and schooling. The children were ordered to live with the mother, with provisions for time spent with the father during school holidays and term holidays. The court also made orders regarding travel, communication between parents and children, and the mother's obligation to attend psychiatric treatment and provide reports to the father. The orders also detailed the consequences of contravening them.