Baker and Borthwick and Ors

This matter concerned orders made by Justice Ryan in the Family Court of Australia regarding the child T, born in June 2001. The dispute involved the father, Mr Baker, and the maternal grandparents, Mr and Mrs Borthwick Senior, concerning the child's living arrangements and time spent with his father. The court was required to determine the specific terms of parenting orders, including the father's time with the child, the responsibilities of the grandparents and mother in facilitating these arrangements, and measures to address the child's anxiety and sleep difficulties.

The court's reasoning focused on establishing a structured and progressive schedule for the father's time with the child, gradually increasing the duration and introducing overnight stays. This was coupled with a requirement for the maternal grandparents to arrange counselling for the child with a cognitive behavioural therapist if the child did not commence sleeping independently in his own bed within three months. The court also stipulated that reports from the child's therapist and previous court judgments were to be provided to any counsellor.

Justice Ryan ordered the discharge of all prior orders concerning the child made before 20 September 2010. The interim orders dated 6 October 2010 were to continue until November 2011. Specific provisions were made for the father's time with the child, commencing with short periods and progressively extending to include overnight stays and longer weekend periods, culminating in extended time during school holidays. The court also outlined responsibilities for changeovers and the delivery of the child between parents and grandparents, and included provisions regarding the father's drug use and his participation in school activities. All outstanding applications were dismissed.