Andrews and Killarney

The proceedings involved the mother and father of a child, J, and intervenors who had been caring for the child. The dispute concerned the future care arrangements for J, including parental responsibility, living arrangements, and time spent with each parent. The matter came before Young J of the Family Court of Australia.

The court was required to determine the appropriate orders regarding J's parental responsibility, specifically whether it should be shared or sole, and to establish a living arrangement for the child. Further issues included defining the time each parent would spend with J, the responsibilities of each parent concerning J's education and well-being, and the practical arrangements for contact and communication between J and his parents. The court also had to consider the role and discharge of the intervenors and the Independent Children's Lawyer.

Young J ordered that the mother and father have equal shared parental responsibility for J, with the father exercising sole decision-making authority for all education and schooling issues. J was to live with his father from 17 September 2010, and the intervenors were discharged from their care and legal responsibilities for the child as of that date. Specific provisions were made for the father and mother to spend time with J, including detailed arrangements for communication, transport, and changeovers. The court also made orders concerning J's schooling, the exchange of information between parents regarding J's welfare and medical treatment, and expectations for respectful communication and behaviour between the parents in J's presence. The mother was also ordered not to use illicit drugs or consume alcohol to excess whilst J spent time with her. All existing court orders were discharged, save for the leave granted to the intervenors to appear. The appointment of the Independent Children's Lawyer was discharged, and all extant applications were dismissed. There were no orders as to costs between the mother and father, and the intervenors' application for costs against the mother was dismissed.