Dirks and Anor and Irvin

This matter came before Judge A Kelly concerning parenting arrangements for the child, V, born in 2010. The applicants, the mother and father, sought orders regarding parental responsibility, living arrangements, and time spent with the child. The respondent, the maternal grandmother, was also involved in the proceedings, with the child residing with her. The dispute centred on establishing clear orders for the child's care, including decision-making, living arrangements, and detailed time-sharing schedules between the parents and the grandmother.

The court was required to determine the extent of equal shared parental responsibility, specifically in relation to significant decisions concerning the child's education, religious practice, and medical treatment. Further issues included establishing the primary living arrangements for the child, detailing the specific times the mother and father would spend with V, and outlining provisions for handovers and communication between the parties. The court also needed to address schooling arrangements, the provision of information between parties, and implement restraints to protect the child from parental conflict. Finally, the court was tasked with considering the need for further reports and programs to assist in resolving the parenting dispute.

In its reasoning, the court made orders for equal shared parental responsibility, confirming that this encompassed major decisions about the child's schooling, religion, and elective medical procedures. The child was ordered to live with the maternal grandmother, with detailed schedules outlining the time the mother and father would spend with V. These schedules included specific days, times, and holiday arrangements, with provisions for the grandmother to have time with the child during certain periods. The court also mandated communication through a communication book or similar application and required the parties to inform each other of any emergency medical treatment. Restraints were imposed on the parties to prevent denigration of each other and discussion of court proceedings in the child's presence.

The court further ordered the respondent grandmother to undertake a Parenting Orders Program and directed the preparation of a further family report to assist in determining the child's best interests. The orders also included provisions for the Independent Children's Lawyer to arrange Family Dispute Resolution Services. The court noted the grandmother's intention to move closer to the child's school and her concern for the child's mental wellbeing.