Claringbold and James

This matter concerned an application by the mother for final orders regarding the residence and time spent with the child, A. The court was required to determine whether the child should reside with the mother and spend time with the father, or if the mother's application for a change in residence should be dismissed.

The court was tasked with determining the specific arrangements for the child's residence and time with each parent, including provisions for school terms, holidays, and special occasions. Additionally, the court needed to address communication protocols between the parents and the child, as well as impose certain restrictions on the mother's conduct while the child was in her care. The court also considered the implications of the mother's potential future applications concerning the child.

Bennett J dismissed the mother's application for a change in residence. The court made detailed orders regarding the child spending time with the mother, including alternate weekends during school terms, half of each school term holiday, and specific arrangements for the long summer vacation. The orders also stipulated changeover points, communication methods, and restrictions on the mother concerning smoking, alcohol consumption, and the child's access to medical and mental health professionals without the father's consent. Further orders addressed bedtime, electronic device usage, and the ability of either parent to swap specific weekends with advance notice. Crucially, the mother was restrained from instituting further proceedings concerning the child without leave of the court, and from allowing the child access to Facebook, with specific instructions regarding the closure of any existing accounts. The court also extended the time for lodging an appeal and ordered the transcription of evidence from a family consultant.