ZEBIC & BARRON

This matter concerned parenting orders for three children, X, Y, and Z, before Judge Scarlett. The dispute involved the mother and father's parental responsibility and the specific arrangements for the children's time with each parent, including a contentious issue regarding the father's alcohol consumption.

The court was required to determine the extent of parental responsibility to be afforded to each parent, whether equal shared parental responsibility was appropriate, and how the children's best interests would be served in light of the circumstances. A key issue was whether the father should be restrained from consuming alcohol for a period of 12 hours prior to spending time with the children until the youngest child attained the age of 12 years, and if such an injunction was too wide in its effect. The court also considered an application for costs related to settled contravention proceedings.

In its reasoning, the court discharged all earlier parenting orders and made new orders establishing equal shared parental responsibility for the children. The children were ordered to live with the mother, with each parent having sole responsibility for day-to-day decisions when the children were in their respective care. Crucially, the father was restrained from consuming alcohol for 12 months when the children were in his care, a measure deemed necessary for the children's welfare. Detailed provisions were then set out for the father's time with the children, including specific arrangements for school terms, holidays, birthdays, and public holidays, as well as communication protocols.

The court dismissed the respondent father's application for costs of the contravention proceedings. Provisions were made for any future applications for costs in the present proceedings, requiring affidavits and submissions to be filed within specified timeframes.