Attard and Benton

This matter concerned parenting orders made by Judge Newbrun. The dispute involved the Applicant and the mother regarding the future care arrangements for their child.

The court was required to determine the specific orders concerning parental responsibility, the child's living arrangements, and the time the child would spend with the Applicant. Further issues included provisions for communication between the parties and the child, arrangements for make-up time, and specific directions regarding the child's schooling, medical emergencies, and the parties' conduct towards each other and the child. The court also addressed the need for both parties to engage with Autism Spectrum Australia (ASPECT) and for the child to have the orders explained by the Independent Children's Lawyer and the author of the Family Report.

Judge Newbrun discharged all prior parenting orders and made new orders. The mother was granted sole parental responsibility, and the child was ordered to live with the mother. The Applicant was to spend time with the child on alternate Sundays during school terms, for specific periods during school holidays, and for make-up time as detailed in the orders. The orders also stipulated notification requirements for illness, holidays, and medical emergencies, and outlined communication protocols. Crucially, the court mandated that both parties engage with ASPECT and ensure the child receives explanations of the orders from the Independent Children's Lawyer and the Family Report author. The parties were also restrained from denigrating each other and from physically disciplining the child.