Dalston and Ninh (No 2)

This matter concerned an application before Gill J in the Federal Circuit and Family Court of Australia, brought by the Father and Mother regarding their child, Y. The dispute centred on arrangements for Y's residence, time spent with each parent, and international travel.

The court was required to determine the terms of parental responsibility, specifically the living arrangements for Y, considering the Mother's potential residence in Sydney, Australia, and periods when she might not be living there. Further issues included the nature and frequency of contact between the Mother and Y when the Mother was overseas, and the necessity of restraining the Mother from removing Y from Australia. The court also considered the placement of Y on the Family Law Watch List and orders preventing parental denigration.

Gill J ordered that the Father and Mother have equal shared parental responsibility for Y. The orders established a detailed schedule for Y's residence with the Mother when she is in Sydney, including alternate weekends and a portion of school holidays. When the Mother is not residing in Sydney, Y is to live with the Father, with specific provisions for the Mother's contact during school holidays and agreed periods in Australia, subject to notice. The Mother is also to have regular virtual contact with Y. Crucially, the Mother was restrained by injunction from removing Y from the Commonwealth of Australia, and Y was to remain on the Family Law Watch List. Both parents were also restrained from denigrating the other parent to or in the presence of Y.