Albert and Addison

This case, heard by Judge Small, concerned parenting orders for a child named X. The dispute revolved around the arrangements for the child's residence, parental responsibility, and time spent with each parent. Previous parenting orders were discharged, and new orders were made regarding the child's living arrangements and the father's contact with the child.

The court was required to determine the extent of parental responsibility to be allocated to each parent, the specific conditions under which the father could spend time with the child, and the communication protocols between the parents. Key issues included the father's access to the child, particularly in light of the child's medical needs and accessibility requirements for the father's residence and vehicle, as well as the management of significant decisions concerning the child's education, medical treatment, and relocation.

Judge Small reasoned that the mother should have sole parental responsibility, with the father to be informed of significant decisions and to provide his views, though the final decision rested with the mother. The father's time with the child was detailed extensively, with specific provisions contingent on assessments by the Cerebral Palsy Education Centre (CPEC) to ensure the child's accessibility and safety. Injunctions were imposed to prevent the father from taking the child to his home until accessibility was confirmed and to ensure he drove the child only in appropriately equipped and registered vehicles with a valid licence. Communication between the parents was to be primarily in writing, with specific exceptions for emergencies.

The court ordered the discharge of all previous parenting orders and established new arrangements. The mother was granted sole parental responsibility, and the child was to live with her. The father's time with the child was subject to detailed conditions, including CPEC assessments of his home and vehicle for accessibility. Injunctions were granted to restrain the father from taking the child to his home until assessed and from driving the child unless specific safety requirements were met. The parties were also restrained from denigrating each other or discussing proceedings in the child's presence.