Clements and Cummins

This case concerned orders made by Monteith J regarding the living arrangements and parental responsibilities for a child born in August 2003. The dispute involved the mother and father of the child, with the court making detailed provisions concerning who the child lives with, parental responsibilities, time spent with each parent, and communication with the child.

The court was required to determine the specific arrangements for the child's residence, the allocation of parental responsibility, and the schedule for the father to spend time with the child. Additionally, the court addressed how parents should communicate with the child and with each other regarding the child's welfare. The orders also included injunctions against the mother concerning her conduct in relation to the child's perception of the father and the mother's partner.

Monteith J ordered that the child live with the mother and that the mother have sole parental responsibility for the child's day-to-day care, welfare, and development. However, both parents were to be kept informed of major long-term issues affecting the child, including medical, educational, disciplinary, social, religious, and domicile matters. The father was granted specific entitlements to spend time with the child on weekends and during school holidays, with detailed provisions for Christmas, Easter, and other holiday periods. The court also made orders regarding communication between the parents and the child, including telephone contact and email. Crucially, injunctions were granted restraining the mother from discussing court proceedings or maintenance issues with the child, from encouraging the child to refer to the mother's partner as "Dad" or similar, from telling the child the applicant father is not their "real father," from preventing the child's participation in events due to the father's presence, from allowing her partner to be alone with the child, from using any surname other than the child's registered surname, and from removing the child from Australia without consent or court order.