Bailey and Pender

This matter concerned parenting orders made by Cleary J in relation to a child, B, born in 2011. The dispute involved the arrangements for the child's living situation, parental responsibility, and time spent with each parent.

The court was required to determine the specific orders regarding where the child would live, the extent of parental responsibility each parent would have, and the schedule for the child to spend time with the father. Additionally, the court needed to address issues of communication between the parents and the child, and impose certain restraints on the parties concerning discussions about legal proceedings and denigration of the other parent. The court also considered provisions for travel, passports, and the execution of necessary documents.

Cleary J ordered that all prior parenting orders be discharged. The child was to live with the mother, who would have sole parental responsibility. The mother was directed to consult with the father in writing regarding long-term issues such as school enrolment and specialist medical treatment, genuinely consider his response, and inform him of her final decision. The court then set out a detailed, phased schedule for the child to spend time with the father, commencing with supervised contact and progressively increasing to unsupervised time, including weekends and school holidays, with specific provisions for holidays and significant dates like Father's Day and Mother's Day. The orders also included provisions for changeovers, communication between parents and the child, and restraints against discussing legal proceedings or denigrating the other parent in the child's presence. The father was also restrained from travelling overseas with the child without the mother's written consent after a specified period. The court also made orders regarding the child's passport and the execution of documents by a Registrar if a party failed to comply.