Carey and Dolan

This case involved parenting orders concerning a child, J, born in March 2001. The proceedings were before Cleary J. The court was required to determine the future parenting arrangements for the child, including issues of parental responsibility, living arrangements, and time spent with each parent.

The central legal issues before the court were how to best promote the child's welfare and best interests in light of the parents' ongoing dispute. This involved determining the appropriate level of sole parental responsibility for each parent, the specific arrangements for the child to live with one parent and spend time with the other, and the conditions and processes that should be put in place to facilitate cooperative parenting and address the underlying issues contributing to the conflict. The court also considered the role of professional intervention, such as counselling and psychiatric treatment, in resolving these disputes.

Cleary J discharged all previous parenting orders and made new orders granting the mother sole parental responsibility and the child’s primary residence. The father was granted specific time with the child, with a phased approach to increasing contact contingent on his compliance with therapeutic orders. The court mandated separate counselling for each parent and required the father to engage in psychiatric treatment for at least twelve months to address his anxieties and fears regarding the child's welfare. The orders also included provisions for communication between the parents, the involvement of the Independent Children's Lawyer, and the sharing of information with relevant family members and professionals. The court emphasised the importance of the parents refraining from denigrating each other and from discussing the proceedings or allegations with the child.