Bainfield and Timbrell

In the matter of Bainfield and Timbrell, heard before Justice Rose, the dispute concerned parenting orders for the parties' child, born in February 2004. The court was required to determine the arrangements for the child's residence, time spent with each parent, communication between parents and child, and various other aspects of their shared parental responsibility.

The court's reasoning led to the discharge of all existing parenting orders and the establishment of new arrangements. Central to the decision was the principle of equal shared parental responsibility, as defined by the Family Law Act 1975. The court's orders detailed specific periods for the child to live with the mother during school terms and holidays, including provisions for weekends, long weekends, and school breaks. Further orders addressed the child's time with each parent on Mother's Day, Father's Day, and birthdays, as well as arrangements for Christmas.

The orders also stipulated the location for the transfer of the child between parents, established telephone communication rights for both parents when the child is with the other, and mandated that both parents facilitate private communication between the child and the other parent. Additional provisions covered emergency medical information, school reports, restrictions on negative comments about a parent within the child's hearing, notification of address changes, a radius restriction for the father around the mother's residence, and the management of extracurricular activities and social invitations for the child. The court also ordered the parties to attend counselling and a parenting after separation course.