Barry and Payton and Anor

In the matter of Barry and Payton and Anor, heard before Judge Obradovic, the court was required to determine parenting orders concerning a child, X, born in 2013. The proceedings involved the father and the maternal grandmother, with the mother also a party to the orders. The dispute centred on the future living arrangements, time spent with each parent and the maternal grandmother, and various ancillary orders designed to promote the child's welfare.

The court was tasked with determining who should have sole parental responsibility for the child, where the child should live, and the specific arrangements for the child to spend time with the father, the mother, and the maternal grandmother. Additionally, the court considered orders relating to communication between the parties, restrictions on alcohol consumption, prohibitions on physical discipline and denigration, and requirements for the parties to undertake parenting and counselling programs. The court also addressed specific provisions for school holidays, birthdays, and other significant dates, as well as the father's obligations regarding the child's education and health.

Judge Obradovic ordered that the father have sole parental responsibility for the child and that the child live with the father. The court then detailed a comprehensive schedule for the child to spend time with the maternal grandmother, including specific dates and times, and a two-week cycle commencing in December 2016. Provisions were also made for the child to spend time with the mother, with a mechanism for agreement between the mother and maternal grandmother, and an alternate Saturday arrangement if agreement was not reached. Further orders stipulated that the child spend time with the maternal grandmother during Christmas Day and Mother's Day, and with the father on Father's Day. The orders also included specific requirements for communication, alcohol consumption, and prohibitions on physical discipline and denigration, along with mandatory participation in parenting and counselling courses for the father and the parties respectively. The maternal grandmother was granted permission to attend school events and receive information about the child's progress, and the father was directed to consult with the maternal grandmother on major decisions regarding the child's education and health.