CHAMBERS & HEEREN

In this matter before Judge McNab, the applicant father and the respondent mother sought orders concerning the living arrangements and parental responsibility for their child. The dispute centred on the practicalities of maintaining a meaningful relationship with both parents, particularly in light of potential relocation by the mother and the inherent instability that can arise in such circumstances.

The court was required to determine the best interests of the child, specifically addressing issues of equal shared parental responsibility, the child's primary residence, and the nature and extent of the time the child would spend with each parent. This included considering the impact of the mother's potential residence in Victoria, more than 60 km from the father's home, on the proposed parenting arrangements. The court also had to consider provisions for communication, holiday arrangements, and the exchange of the child between parents.

The court made orders for equal shared parental responsibility, with the father having sole responsibility for the child's mental health treatment. The child was ordered to live with the father, with specific provisions for the child to spend time and communicate with the mother. These provisions varied depending on whether the mother resided within 60 km of the father or in Victoria more than 60 km away, detailing school term and holiday arrangements, as well as specific days and communication methods. The court also made orders regarding passport arrangements, overseas travel, and communication between the parents about the child's welfare, including injunctions restraining each parent from denigrating the other in the child's presence or discussing proceedings with the child.