Bakal and Kapicic (No 4)

Berman J of the Federal Circuit Court of Australia considered an application by the parties, Bakal and Kapicic, concerning parenting orders for their child. The dispute centred on the arrangements for the child's residence, time spent with each parent, and parental responsibility, particularly in relation to the child's health and education.

The court was required to determine the appropriate parenting orders, including whether to suspend existing orders, the nature of parental responsibility, and the specific time the child would spend with each parent. The court also had to consider the dismissal of interim proceedings.

In reaching its decision, the court made orders that suspended certain paragraphs of previous orders. It established shared parental responsibility for the child, with the specific carve-out that the father would have sole parental responsibility for the child's health and education. The court then detailed a schedule for the child's time with the mother, including alternate weekends during school terms, one week of each mid-term school holiday, and specific weeks during the Christmas holidays. The child was ordered to live with the father at all other times. Finally, the interim proceedings were dismissed.