Event and Time
Event Description
The case involves the review of a Registrar’s decision granting interim parenting orders for three children: X (born 2007), Y (born 2011), and Z (born 2011). The mother sought sole parental responsibility, particularly for medical issues, due to a history of self-harm and attention deficit hyperactivity disorder (ADHD) concerning Z, amid a backdrop of high conflict and allegations of harm and exclusion in decision-making by both parents.
Application and Claims
- Mother’s Claims: The mother claims she should have sole parental responsibility for Z due to his ADHD and self-harm issues, citing a lack of cooperation from the father in medical decisions. She alleges both physical and emotional harm to the children due to the father’s actions.
- Father’s Claims: The father seeks equal shared parental responsibility and expresses concern about the mother’s approach to raising the children and the mental health of both Z and X. The father supports the orders made by the Independent Children's Lawyer (ICL).
Judicial Decisions
1. Application Review: The mother’s application to review the interim orders is dismissed, except for one order pertaining to joint counseling with Z. 2. Parenting Arrangements: Specific time-sharing arrangements are established for the children, detailing their time with each parent during school holidays and weekends. 3. Parenting Courses: Both parents are ordered to participate in various parenting programs, designed to improve their understanding and handling of the children's issues, including ADHD. 4. Expert Report: A single expert is appointed to prepare a report concerning the welfare of the children, which will include input from relevant professionals involved in their care.
Dispute Points and Legal Basis
Dispute Points
Mother’s Arguments:
- Seeks sole parental responsibility for Z citing severe behavioral issues (self-harm, ADHD).