Yim and Zieth (No.3)

In the matter of Yim and Zieth (No.3), Judge A Kelly of the Federal Circuit Court of Australia considered parenting arrangements for the children X and Y. The dispute concerned the terms of parental responsibility, living arrangements, and time spent with each parent, as well as other ancillary matters including school enrolment and communication protocols.

The court was required to determine the extent of equal shared parental responsibility, the specific time arrangements for the children to spend with the respondent father, and the practicalities of changeovers and communication. Further issues included the enrolment of one of the children at a specific school, the interaction of the court's orders with any existing state court intervention orders, and the discharge of previous parenting orders. The court also addressed the potential for applications for costs.

Judge Kelly ordered that the applicant mother and respondent father have equal shared parental responsibility for the children, with the children to live with the mother. The father was granted specific time with the children on alternative Saturdays and during half of school holidays, with provisions for agreement or default arrangements. The court also established detailed protocols for changeovers, communication between parents and children, school-related matters, and the prevention of certain behaviours in the children's presence. Crucially, the court ordered that its parenting orders would prevail over any inconsistent interim intervention orders made by a Magistrates Court, rendering such intervention orders invalid. The court also made orders regarding the enrolment of child Y at D School and the potential appointment of a Registrar to execute documents if necessary.