Claringbold & James

This matter concerned parenting orders made by Bennett J in the Family Court of Australia. The dispute involved the living arrangements and time spent between a child, [A], and her parents, the father and the mother.

The court was required to determine the primary caregiver for the child, the allocation of parental responsibility, and the specific arrangements for the child's time with each parent, including communication, holidays, and special occasions. Further issues included the supervision of compliance with the orders, the sharing of costs associated with the child's travel, and provisions for the child's education and well-being. The court also considered the need for psychological and educational assessments of the child and the involvement of professionals in supporting the family.

Bennett J discharged all previous parenting orders and made new orders for the child to live with the father and for the father to have sole parental responsibility. The judgment detailed extensive provisions for the child's time with the mother, varying depending on whether the mother resided in Melbourne or relocated to a specified rural New South Wales town. These provisions included specific times for weekends, school holidays, and long summer vacations, as well as communication by telephone and other means. The court also ordered supervised counselling for the parents for two years, mandated attendance at post-separation parenting programs, and directed various assessments and therapeutic interventions for the child. Provisions were also made for the child's schooling, including information sharing and the potential for a new school placement. The court further ordered that neither parent denigrate the other in the child's presence and made arrangements for the safekeeping of the child's passport.