Brown and Phillips

This matter concerned orders made by Watts J regarding the time a child, born in May 2006, would spend with the applicant and the respondent. The dispute centred on the specific arrangements for the child's time with each parent, particularly during school holidays and weekends, as well as the communication and involvement of the applicant in the child's schooling and medical care.

The court was required to determine the precise schedule for the child's time with the applicant, including arrangements for Christmas, Father's Day weekends, and school holidays. Further issues included the extent to which the applicant could be involved in the child's schooling, including attending school events and communicating with school staff, and the applicant's access to information regarding the child's medical treatment. The court also needed to address the consequences of contravening the orders made.

Watts J made detailed orders specifying the child's time with the applicant across various periods, including Christmas Day, Father's Day weekends with variations for even and odd years, and extensive provisions for school holidays. These orders also clarified the definition of a school term and established a framework for future agreements or applications regarding holiday arrangements. Regarding schooling, the applicant was permitted to attend open school activities but restrained from participating in events solely for the primary carer, such as parent-teacher nights, while the respondent was ordered to provide school reports and summaries of parent-teacher interviews. The court also made orders concerning the applicant's access to the child's medical information, restraining the applicant from contacting medical professionals directly while requiring the respondent to provide information about appointments and advice received, with specific exceptions for psychological treatment. The orders also included a statement regarding the particulars of obligations and consequences of contravention, as set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the relevant legislation.