BAKKER & RALSTON

This matter concerned parenting orders sought by the mother and father in relation to their eight-year-old child. It was agreed that the child would live with the mother, but the parties differed on the quantum of time the child would spend with the father, with the mother seeking four nights per fortnight and the father seeking five nights per fortnight. The dispute also extended to parental responsibility for medical decisions, with both parents initially seeking sole responsibility, although they agreed to equal shared parental responsibility for other major long-term issues.

The court was required to determine the appropriate time the child should spend with the father, considering the child's best interests, and to make orders regarding parental responsibility for medical decisions. The court also had to consider the father's allegations that the mother had exaggerated the child's illnesses and the mother's past conduct in not informing the father of medical treatments.

In relation to time with the father, the court noted the close relationship between the child and father and the father's capacity as a parent. While the expert did not express a strong view on the precise division of time, the court ultimately ordered that the child spend five nights per fortnight with the father, reflecting the father's desire and the positive aspects of their relationship. Regarding parental responsibility for medical decisions, the court acknowledged the mother's past inappropriate behaviour but found her to be contrite and to have acknowledged her errors. Given the mother would have primary care, the court ordered that she have sole parental responsibility for medical decisions, with the crucial proviso that she must consult with the father within specific timeframes regarding any medical attendance, diagnosis, or treatment, and provide him with detailed written information and seek his response before making any long-term health-related decisions.