Brown and Kaule

This matter concerned parenting orders for a child, B, born in 2013. The proceedings were before Thornton J.

The court was required to determine the terms of parenting orders concerning the child's equal shared parental responsibility, living arrangements, time spent with each parent, holiday arrangements, and communication between parents. Further issues included provisions for relocation, unavailability of parents, kindergarten enrolment, handover procedures, overseas and other travel, passport arrangements, and general communication and information sharing between the parties. The court also addressed orders restraining the parties from denigrating each other in the child's presence and discussing the proceedings with the child.

The court made orders by consent and by court order. All previous parenting orders were discharged. The father and mother were granted equal shared parental responsibility. The parties were restrained from relocating the child's residence from the greater Melbourne Metropolitan Area without consent or court order. Detailed provisions were made for the child's living arrangements, including specific schedules for weekdays, weekends, and school holidays, with variations commencing at different terms and years. The orders also stipulated communication protocols, including Skype calls on specific days and during periods of separation, and outlined handover procedures. Extensive provisions were made regarding overseas and other travel, including notice periods, required documentation, and restrictions on travel to certain countries. The court also ordered that each parent be named as an emergency contact on enrolment forms and made orders restraining denigration of the other party or discussion of proceedings in the child's presence.