Wyles and Batchelor

This matter concerned parenting orders sought by the mother and father in relation to their two children. The court was required to determine the arrangements for the children's living situation, parental responsibility, and communication with each parent, particularly in light of allegations of abuse.

The central legal issues before the court were the nature of the parental responsibility to be exercised by each parent, where the children should live, and the specific conditions and restrictions to be imposed on each parent's involvement in the children's lives. This included determining the extent to which the father should have contact with the children, the role of counselling in addressing allegations of abuse, and the geographical limitations on the children's residence. The court also had to consider the father's right to information regarding the children's health and education, and the mother's obligations in facilitating communication and contact.

Berman J ordered that the parents have equal shared parental responsibility for the children, but that the children live with the mother. The court directed that the children undergo counselling to address specific issues, including allegations of abuse by the father and the father's risk to the children and paternal grandparents. The mother was ordered to ensure the children reside within 20 kilometres of the Adelaide CBD and was restrained from relocating them further without the father's consent or removing them from Australia. The mother was also enjoined from denigrating the father, discussing proceedings with the children, or seeking certain medical or therapeutic interventions without the father's consent. The father was granted liberty to liaise with the children's schools and medical practitioners, and the mother was ordered to facilitate communication and contact between the father and the children, including the exchange of letters, cards, and gifts.