Charlton and Sinclair

In a decision by Justice Austin, the court addressed parenting orders concerning a child born in September 1995. The dispute involved the mother and father and their respective responsibilities and time arrangements for the child.

The court was required to determine the extent of parental responsibility each parent would have, where the child would live, and the specific arrangements for the child to spend time with the father. Additionally, the court considered provisions for communication between the parents and the child, the exchange of information regarding the child's schooling, and the necessity for counselling for both parents.

Justice Austin discharged all former parenting orders and established new arrangements. The mother was granted sole parental responsibility for the child's education, while both parents were to have equal shared parental responsibility in other respects. The child was ordered to live with the mother, with detailed provisions outlining the child's time with the father, including during school terms, holidays, and on special occasions. The orders also mandated communication protocols, the sharing of school reports, and attendance at family counselling, with the Independent Children's Lawyer's appointment extended to monitor these arrangements. The court also made specific provisions regarding the notification of changes in contact details and addresses, and restrained both parents from denigrating each other in the child's presence. Finally, the court noted an inconsistency with an existing Apprehended Violence Order and specified that the Family Law Act parenting orders would prevail to the extent of any inconsistency.