Chan & Phu

This matter concerned parenting orders made by Judge Scarlett in the Federal Circuit Court of Australia. The dispute involved the father and mother of a child, [X], regarding issues of parental responsibility, the child's residence, and time spent with each parent. The court was required to determine the best interests of the child in making final parenting orders, considering the child's schooling and the appropriate allocation of parental responsibility.

The court was tasked with determining whether to grant the father sole parental responsibility for making decisions about major long-term issues concerning the child's care, welfare, and development. Additionally, the court had to decide with whom the child should live and establish a detailed schedule for the child's time with each parent, including provisions for school holidays, public holidays, birthdays, and special occasions. The court also considered the appropriateness of the proposed orders, specifically whether they constituted "micro-managing parenting" and whether intervention was necessary for the advancement of the child's welfare.

Judge Scarlett ordered that all earlier parenting orders be suspended and dismissed the mother's response. The father was granted sole parental responsibility for major long-term decisions concerning the child, and the child was ordered to live with the father. A comprehensive schedule was set out detailing the child's time with the mother, including alternate weekends, half of each school holiday period, and specific arrangements for Christmas and other holidays. The orders also addressed schooling arrangements, including the father's liberty to enrol the child at a particular school and his responsibility for associated fees and expenses. Further provisions were made regarding communication between parents, medical emergencies, the exchange of the child's passport, and injunctions restraining disparaging remarks and discussions of proceedings with the child. Both parents were also ordered to participate in a "Keeping Contact Program."