Aligante & Waugh

This matter concerned orders made by Watts J regarding the parental responsibility, living arrangements, and time spent with a child born in May 2002. The dispute involved the mother and the father of the child, with the court issuing detailed orders governing their future interactions and responsibilities concerning their child.

The court was required to determine the specific terms of parental responsibility, the child's primary residence, and the schedule for the child to spend time with each parent. This included defining the duration and frequency of contact, arrangements for school holidays, special occasions, and the process for communication and information sharing between the parents. The court also addressed the need for parental education and prohibitions against physical discipline and disparaging remarks about the other parent.

Watts J discharged previous orders and established new arrangements. Parental responsibility was vested solely in the mother, though she was required to consult the father in writing on long-term decisions. The child was ordered to live with the mother, with specific, detailed provisions for the child to spend time with the father, including weekends, school holidays, and significant dates. The orders also mandated attendance at a post-separation parenting course, prohibited physical discipline and negative comments about the other parent in the child's presence, and established protocols for communication, including telephone calls and a communication book. Furthermore, measures were put in place to prevent the child's removal from Australia, and the Independent Children's Lawyer was directed to arrange for an updated expert report on the impact of these orders.