Ardle – Gerder & Anor and Lambourgh

In the matter of *Ardle – Gerder & Anor and Lambourgh*, Stevenson J of the Family Court of Australia made orders concerning the parental responsibility, living arrangements, and time spent with the child P. The proceedings involved the father, the mother, and the maternal grandmother, with the Independent Children's Lawyer also participating. The dispute centred on the surname of the child, the allocation of parental responsibility, the child's living arrangements, and the specific times the child would spend with each of the parents and the maternal grandmother, as well as various ancillary orders designed to ensure the child's welfare and facilitate communication and co-operation between the parties.

The court was required to determine several key issues. These included the appropriate surname for the child, the division of parental responsibility, the primary residence of the child, and the detailed arrangements for the child to spend time with the mother, father, and maternal grandmother. The court also had to consider and make orders regarding communication between the parties and the child, restrictions on certain behaviours of the parents and maternal grandmother, and provisions for the child's education and medical care.

Stevenson J's reasoning addressed the specific concerns raised by the parties and the Independent Children's Lawyer. The court ordered that the child be known exclusively by the surname 'GERDER-LAMBOURGH', reflecting a compromise between the parents' preferences and the child's best interests. Sole parental responsibility was granted to the father, with the maternal grandmother having responsibility for the child's day-to-day care during her time with the child, and the father responsible at all other times. The child was ordered to live with the father, with detailed provisions for the child to spend time with the maternal grandmother and the mother. Time with the mother was ordered to occur under professional supervision at a contact centre, based on expert recommendations regarding the mother's difficulties. The court also imposed specific restraints on the maternal grandmother concerning the mother's presence in her home, and on both parents and the maternal grandmother regarding derogatory remarks about each other in the child's presence.

The final orders established a comprehensive framework for the child's upbringing and contact arrangements. These included specific schedules for time spent with the father and maternal grandmother, supervised contact with the mother, provisions for communication, and various protective measures and information-sharing obligations between the parties. The court also authorised the father to register his name as the child's father and directed the Independent Children's Lawyer to serve the orders on the Registrar of Births, Deaths and Marriages.