Chan and Newberry

This matter concerned an application by the mother and father regarding their child, K, born in 2011. The dispute centred on arrangements for parental responsibility, living arrangements, and time spent between the child and each parent, particularly in circumstances where the mother might relocate overseas or to Sydney.

The court was required to determine the nature of parental responsibility, specifically whether it should be equal shared parental responsibility. Further issues included the conditions under which the child could live outside Australia, the specific time arrangements between the parents if the mother lived overseas or in Sydney, and the communication and travel arrangements for the child. The court also had to consider provisions for schooling, parental involvement in school matters, and the exchange of information regarding the child's welfare.

Cleary J ordered that the mother and father have equal shared parental responsibility for the child. The mother was restrained from taking the child to live outside Australia without the father's written consent or a further court order. Detailed provisions were made for the child's living arrangements and time with each parent, contingent on whether the mother decided to live overseas, specifically in the USA, or within Australia, in Sydney. These orders included specific timeframes for the child to spend with each parent, travel arrangements, and communication protocols, as well as provisions for schooling and the exchange of information regarding the child's welfare. Spouse maintenance was also ordered for the mother if she remained living in Australia.