Crestwell and Judd

This matter concerned orders made by Strickland J in relation to a child, A, born in July 1996. The dispute involved the parental responsibilities and living arrangements for the child between the mother and the father.

The court was required to determine the best interests of the child, A, in accordance with Section 60CC of the Family Law Act. This involved considering a range of primary and additional considerations, including the benefit to the child of a meaningful relationship with both parents, the need to protect the child from harm, the child's views, the nature of the relationships with each parent and other significant persons, the parents' willingness to facilitate a relationship with the other parent, the likely effect of any changes in circumstances, the practicalities and expense of spending time with each parent, the capacity of each parent to provide for the child's needs, the child's characteristics, any family violence, and any other relevant facts or circumstances.

Strickland J applied the principles outlined in Section 60CC of the Family Law Act to determine the best interests of the child. The court's orders established equal shared parental responsibility for A, mandated the relocation of A's principal place of residence to Adelaide, and set out detailed living arrangements between the mother and father, including specific schedules for regular time, school holidays, and special occasions such as Christmas Day and birthdays. The orders also included provisions for notification in the event of serious illness or hospitalisation and an injunction restraining the mother from changing the child's principal place of residence without the father's consent, except when returning to Adelaide. The court also noted that particulars of obligations and consequences of contravention were set out in an attached Fact Sheet, pursuant to Sections 62B and 65DA of the Family Law Act.