Ashforth and Ashforth (No 5)

This matter concerned the care arrangements for a child, E, born in April 2009, and came before Justice Fowler in the Family Court of Australia. The proceedings involved the parents, the father and the mother, and addressed various aspects of the child's welfare and the parents' responsibilities.

The court was required to determine a range of issues concerning the child's care, welfare, and development. These included the appointment of a Family Consultant to prepare a report, the ascertainment of the child's views where appropriate, and the considerations the consultant should take into account, such as the benefit of a meaningful relationship with both parents, protection from harm, the child's views, the nature of the relationships with each parent, and each parent's capacity to provide for the child's needs. The court also addressed practical arrangements for the child's time with each parent, including specific dates and durations for contact in December 2010, and the responsibilities of each parent in facilitating communication and information sharing.

Justice Fowler made detailed orders regarding the child's living arrangements, parental responsibility, and communication between the parents. The court ordered that the child reside with the mother and that both parents have equal shared parental responsibility. A Family Consultant was appointed to prepare a report on matters relating to the child's care, welfare, and development, with specific directions on the factors to consider, including the child's views and the need to protect the child from harm. The orders also stipulated detailed arrangements for the child to spend time with the father in December 2010, including specific times and locations for contact, and imposed restraints on the father removing the child from the Sydney Metropolitan Area or Australia. Furthermore, the court mandated extensive communication protocols between the parents regarding the child's health, activities, and general welfare, and addressed the costs of transport for the child's time with each parent.