Almond and Heidke

This matter came before McClelland J concerning an application to vary existing orders made by Sexton J on 17 August 2016 and 25 October 2016, which dealt with parenting arrangements for a child named X. The dispute centred on the specific terms of contact between the child and the mother, particularly in relation to school attendance and hospitalisation, as well as restrictions on discussions about the child's medical condition.

The primary legal issues before the court were whether to vary the existing orders regarding the child's time with the mother, specifically concerning school visits and hospitalisation, and whether to impose restrictions on the mother's discussions with the child about his kidney transplant and potential donors. The court also had to consider the impact of these proposed variations on the overall parenting arrangements previously established.

McClelland J determined that the existing orders should largely remain in force, with specific variations to address the concerns raised. The court varied paragraph 7 of the original orders to allow the child to spend time with the mother during school hours, up to twice per week, subject to arrangements made with the school and the father's agreement. Further, the mother was granted four hours of contact per fortnight with the child when hospitalised, specifically on a Saturday from 10:00 am to 2:00 pm, with a responsible adult present, to be agreed upon by the parties or, failing agreement, the father. Crucially, the mother was restrained from discussing the child's kidney transplant and potential donors unless in the presence and under the guidance of the child's renal specialist. Additionally, an earlier order from 25 October 2016 and associated consent orders were suspended until further order.