Curnow and Suban

This matter concerned parenting orders made by Judge Whelan in relation to the child [X], born in 2007. The dispute involved the father and mother of the child, who sought to vary existing parenting orders.

The court was required to determine the appropriate parenting arrangements for the child, including the allocation of parental responsibility, the child's living arrangements, and the time each parent would spend with the child. Further issues included the mother's compliance with treatment recommendations and substance use, the father's participation in a parenting program, and general communication and information sharing between the parties regarding the child's welfare. The court also considered the discharge of previous orders and the appointment of an Independent Children's Lawyer.

Judge Whelan ordered the discharge of all previous parenting orders and established equal shared parental responsibility for the child. The orders detailed a phased approach to the child's living arrangements, transitioning from living with the father to living with the mother after the 2015 school year. Specific provisions were made for the child's time with each parent, including alternate weekends, school holidays, birthdays, and Christmas. The court also imposed conditions on the mother regarding substance use and compliance with psychiatric treatment, and required the father to complete a parenting program. Both parties were restrained from criticising each other in the child's presence and were granted rights to contact the child's school and attend school functions. A communication book was to be used for information sharing, and both parties were to keep each other informed of their contact details.