WELTER & KATZ

In the matter of WELTER & KATZ, Judge Curtain considered an application by the father for equal shared care of the parties' two children, born in 2005 and 2007. The dispute centred on parenting arrangements, with the father seeking equal shared care and the mother opposing this, citing concerns about the father's communication with her and his use of the children as messengers.

The court was required to determine the best interests of the children in relation to their residence and the allocation of parental responsibility. Specifically, the court had to consider whether equal shared parental responsibility was appropriate, and if so, what living arrangements would best serve the children's welfare, including the father's ability to accommodate holiday periods. The court also had to address the parents' communication and conduct in the presence of the children.

Judge Curtain ordered the discharge of all prior parenting orders and established equal shared parental responsibility, with the mother having the final decision-making authority in the event of parental disagreement. The children were ordered to live with the mother. The father was granted specific time with the children, including alternate weekends and Wednesdays during school terms, with provisions for telephone contact. Crucially, the father was required to provide evidence of appropriate sleeping arrangements for the children, including separate beds and bedrooms for the older child, before the children would spend half of all school holiday periods with him. The court also imposed injunctions restraining both parents from denigrating the other, discussing disputes in the children's presence, or using the children as messengers, and mandated a parenting teenagers course.