Winter and Winter

In the matter of *Winter and Winter*, heard before Judge Demack, the court considered parenting orders concerning two children, born in 2003 and 2009. The dispute centred on the arrangements for the children's care, living arrangements, and the extent of each parent's involvement in decision-making regarding their upbringing.

The court was required to determine the nature and extent of parental responsibility for major long-term issues, including education, religious and cultural upbringing, health, names, and decisions affecting living arrangements. Additionally, the court needed to establish the day-to-day care arrangements for the children, the specific times they would spend with each parent, and protocols for communication, information sharing, and dispute resolution. The court also addressed restrictions on international travel with the children and relocation of the children.

The court ordered the discharge of all previous parenting orders and established equal shared parental responsibility for major long-term decisions, requiring the parents to consult and genuinely attempt to reach joint decisions. The father was assigned responsibility for the children's day-to-day care when they were with him, and the mother when they were with her. The children were ordered to live with the mother, with specific, phased-in arrangements for the children to spend time and communicate with the father, including provisions for school holidays and special occasions. The orders also mandated respectful communication between parents, prohibited denigration of either parent in the children's presence, and outlined procedures for information sharing with medical and educational providers. Further, the mother was restrained from relocating the children to New South Wales, and both parents were restrained from moving to a distance that would impact the children's time with the other parent. A structured dispute resolution process involving a Family Dispute Resolution Practitioner was also mandated.