Cooper and Miller

In the matter of *Cooper and Miller*, Berman J determined orders concerning the parental responsibility and living arrangements for the child B. The dispute involved the parents' differing views on how to manage their child's upbringing, particularly concerning education and health, and the practicalities of the child's time with each parent.

The court was required to determine the extent of shared parental responsibility, specifically in relation to the child's education and health. Further, the court needed to establish the primary residence of the child and the specific arrangements for the child's time with the non-resident parent, including provisions for communication, handovers, and the exchange of information. The court also had to consider and make orders regarding allegations of abuse and the communication of proceedings.

Berman J ordered that the parties share parental responsibility for the child, with the father having sole responsibility for decisions regarding education and health. In these specific areas, the father was to consult with the mother but retained the final decision-making power if agreement could not be reached. The child was ordered to live with the father, with detailed provisions outlining the child's time with the mother during school terms and holidays, including specific arrangements for birthdays and Mother's Day. The court also made orders regarding communication between the child and parents, the location of handovers, the exchange of medical and school information, and attendance at school functions. Crucially, the mother was restrained by injunction from reporting allegations of abuse to certain parties, from recording disclosures by the child, and from discussing the proceedings with the child or third parties, with specific exceptions. Both parents were also restrained from removing the child from Australia or obtaining a passport without consent.