Aligante and Waugh

This matter concerned an application to vary existing parenting orders made on 7 July 2010. The parties, Aligante and Waugh, sought to alter the arrangements for their child's long-term care, welfare, and development, as well as the specific time the child would spend with each parent. The court was asked to determine the appropriate orders regarding parental responsibility, the child's living arrangements, and the communication and dispute resolution processes between the parents.

The court's primary focus was on establishing a framework for the father to have sole parental responsibility for decisions concerning the child's long-term care, welfare, and development, while ensuring the mother was informed and had a mechanism to express disagreement. This involved outlining a process for the father to advise the mother of intended decisions, for the mother to respond within a specified timeframe, and for mandatory mediation in the event of disagreement. The court also considered and varied the existing orders concerning the child's time with the mother, detailing specific arrangements for different periods, including school holidays and special days, and establishing provisions for future holiday arrangements.

In its reasoning, the court varied the original order to grant the father sole parental responsibility for long-term decisions, subject to a structured process of notification and consultation with the mother. This process included a 21-day period for the mother to respond and a requirement for mediation if disagreements arose, with the father retaining the ultimate decision-making power if mediation failed. The court then detailed a phased approach to the child's time with the mother, with specific arrangements for the period until the conclusion of the 2012 school holidays, and more extensive arrangements thereafter. Provisions were also made for shared attendance at school events and extracurricular activities, and for overseas or extended holidays, including notice periods and conditions for travel. The court also included provisions for the Independent Children's Lawyer to prepare a summary of relevant documents for contact supervisors and incorporated details of obligations and consequences of contravention into the orders.