Boston and Wellham

In the matter of *Boston and Wellham*, heard before Cronin J, the dispute concerned variations to existing parenting orders concerning the time and location of child handovers. The applications before the court sought to alter the arrangements for the child's contact with each parent.

The primary legal issues before the court were whether to vary the existing orders regarding the commencement and conclusion times of alternate weekend contact, and the specific locations for the child's delivery between the parents. The court was also required to determine the fate of further applications filed by the husband and the wife's response.

Cronin J reasoned that it was appropriate to vary the existing orders to allow for greater flexibility in the timing of handovers, setting a default time of 6:30 pm but permitting agreement between the parties for alternative arrangements. The court also specified the locations for these handovers, namely the Southern Cross Railway Station and the C Service Station, again allowing for mutual agreement on alternative sites. The court dismissed the husband's applications of 6 November 2008 and 17 November 2008, and the wife's response filed on 25 November 2008, as they were no longer necessary in light of the varied orders.

The court ordered that paragraph 4(a) of the orders made on 5 March 2007 be varied to alter the commencement and conclusion times to 6:30 pm or as otherwise agreed. Further orders detailed the alternate weekend arrangements for the child's delivery between the parents at specified locations or as agreed. All proceedings were removed from the list of cases awaiting a hearing, and it was certified that engaging counsel was reasonable. The court also ordered that its reasons be transcribed and made available, and that particulars of the obligations, consequences of contravention, and support services be attached to the orders.