Brock & Brock & Ors

Watts J presided over proceedings involving Mr Brock (the Father), Ms Brock (the Mother), and the Maternal Grandparents, concerning parenting arrangements for two children, C (born 2004) and B (born 2003). The dispute centred on the parental responsibility, living arrangements, and time arrangements for these children, as well as the paternity of C.

The court was required to determine several key issues, including the discharge of previous parenting orders, the allocation of sole and equal shared parental responsibility for C and B respectively, the specific living and time arrangements for both children, and the facilitation of communication and time between the siblings and with their mother. Additionally, the court needed to address the registration of C's birth and the question of C's paternity.

In reaching its decision, the court made orders reflecting a division of responsibilities and living arrangements. The Father was granted sole parental responsibility for C, with C to live with him. The Maternal Grandparents were granted equal shared parental responsibility for B, with B to live with them. Both children were to spend time with the parent/grandparents with whom they were not living, and importantly, arrangements were made to facilitate the children spending time together. The court also made specific orders regarding communication between the parties, information sharing about the children's welfare, and restrictions on denigrating the other party in the children's presence.

The court also made findings regarding C's birth date and mother, and granted leave for the parties to apply for a declaration as to C's paternity and an order under the Births, Deaths & Marriages Registration Act 1995 (NSW). The Registrar of Births, Deaths and Marriages was ordered to register C's birth to include the mother's maternity, with the father's registration being a matter for a future application. The matter was otherwise removed from the active pending cases list.