Collier and Avery and Anor

This matter concerned parenting orders concerning a child, X, born in 2002. The parties involved were the mother, Ms Collier, the father, Mr Avery, and a third party, Ms S Collier. The dispute revolved around the living arrangements and parental responsibility for the child, as well as preventing the child's removal from Australia. The decision was made by Judge Obradovic.

The court was required to determine several key issues. These included the primary residence of the child, the allocation of parental responsibility, the nature and extent of the child's time with each parent, and the need for orders restraining derogatory remarks about a parent in the child's presence. Furthermore, the court had to consider orders regarding parental substance use when caring for the child and, critically, whether to impose restrictions on the child and certain parties removing the child from the Commonwealth of Australia.

In reaching its decision, the court discharged all previous parenting orders. It ordered that the child X shall live with the mother and that the mother shall have sole parental responsibility. The child is to spend time with her father in accordance with her wishes. The court also made orders restraining both parents from making derogatory remarks about the other in the child's presence and requiring them to remove the child from any third party making such comments. Additionally, each parent is restrained from consuming alcohol or non-prescription drugs for six hours prior to and during the child's care. Crucially, the mother, father, and Ms S Collier, along with their agents, are restrained from removing the child from the Commonwealth of Australia. The child herself is also restrained from leaving the Commonwealth, with the Australian Federal Police directed to place her name on a Watch List at all points of arrival and departure until she turns 18.