DAVID & HAND (No.3)

In the matter of DAVID & HAND (No.3), Judge Terry considered parenting orders concerning a child, [X], born in 2002. The dispute involved the mother and father regarding the child's living arrangements, parental responsibility, and time spent with each parent.

The court was required to determine the primary considerations under section 60CC(2) of the relevant legislation, specifically the benefit to the child of a meaningful relationship with both parents and the need to protect the child from harm. Additionally, the court considered the additional considerations under section 60CC(3), including any views expressed by the child and factors relevant to the weight to be given to those views. The court also had to address issues of parental responsibility and the location of changeovers, particularly in light of past family violence.

Judge Terry reasoned that while the child currently had a meaningful relationship with his father, this relationship would not be undermined by a reduction in the frequency of contact during school terms. The court found that the father's behaviour towards the mother had made her life difficult, and while family violence had occurred, it had ceased since changeovers began at a contact centre. The judge was unable to place weight on the father's evidence regarding the child's expressed views or on letters from the child, as there was a concern that the child may have been influenced by the father.

The court ordered the discharge of all existing parenting orders. The mother was granted sole parental responsibility, and the child was to live with her. Specific arrangements were made for the child to spend time with the father during school terms, school holidays, and Christmas holidays, with detailed provisions regarding travel, accommodation, and changeovers. The orders also included restraints on physical chastisement, interrogation, and denigration of the other parent, and obligations for notification of emergencies and provision of information from medical practitioners and schools. All outstanding applications were dismissed.