Dives & Anor and Mantle & Anor

This matter concerned an application before Baumann J concerning the long-term care, welfare, and development of a child, Y. The parties involved were the child's mother and the child's maternal great aunt and uncle. The dispute revolved around arrangements for the child's living situation, parental responsibility, and communication between the child and the parties.

The court was required to determine the appropriate orders regarding equal shared parental responsibility for the child, the child's primary residence, and the specific arrangements for the child to spend time with and communicate with both the mother and the maternal great aunt and uncle. Additionally, the court needed to address protocols for decision-making, changeovers, exchange of information, and conduct between the parties, including provisions for supervised time with the child's father.

Baumann J made orders establishing equal shared parental responsibility between the mother and the maternal great aunt and uncle, with a detailed process for making long-term decisions. The child was ordered to live with the maternal great aunt and uncle, with specific provisions for the child to spend time with the mother, including weekends, public holidays, and school holidays, as well as regular communication. The court also set out guidelines for changeovers, communication protocols, and the exchange of essential information, including medical and school-related matters. Further orders addressed non-denigration, restraints on substance use, and authorised parties to obtain information from the child's school and health professionals. Finally, the court made provision for supervised time between the child and the father, dismissed outstanding applications, and discharged the Independent Children's Lawyer.