CARTWRIGHT & ARGERICH

This case concerned a dispute between the father and mother regarding parental responsibility and the time the child, B, would spend with each parent. The court was required to determine how parental responsibility should be allocated, particularly concerning the child's health, education, and general welfare, and to establish a schedule for the child's time with the father, considering the significant distance between the parties, the child's health issues, and the conflict between the parents.

Foster J determined that equal shared parental responsibility should be allocated to both parents concerning issues relating to the child's health, with specific provisions for timely notification of medical appointments and access to medical information. However, the mother was allocated long-term parental responsibility for other significant aspects of the child's upbringing, including education, religious and cultural upbringing, and changes to living circumstances. The father was granted specific rights to obtain information from the child's school.

The court ordered that the child live with the mother and established a detailed, phased schedule for the child to spend time with the father, commencing with shorter periods and gradually increasing over time. This schedule included provisions for weekends, school holidays, and specific public holidays, with mechanisms for agreement between the parents and default provisions in the absence of agreement. The court also made orders regarding communication between the parents, the conduct of changeovers, and the importance of refraining from derogatory remarks about the other parent in the child's presence. The appointment of an Independent Children's Lawyer was discharged.