Carmody and Garner

Carmody and Garner concerned a dispute between parents regarding the living arrangements and parental responsibility for their child, [X], born in 1999. The matter came before Judge Brown.

The court was required to determine the primary residence of the child, the allocation of parental responsibility, and the nature and extent of the child's time with the father. Further issues included the mother's obligation to inform the father of the child's serious medical circumstances and the process for the father to receive school reports, as well as whether the child's surname could be changed without mutual agreement. The court also considered the discharge of an independent children's lawyer.

Judge Brown ordered that the child live with the mother and that the mother have sole parental responsibility. The child was to spend time with the father subject to the child's wishes. Specific directions were made regarding the mother's duty to inform the father of serious accidents or illnesses and the father's ability to obtain school reports. An injunction was issued restraining either parent from changing the child's surname without written agreement. The order for the appointment of an independent children's lawyer was discharged, and all other applications were dismissed.