Doherty and Dexter

In Doherty and Dexter, heard by Judge Kelly, the court was asked to make final orders concerning the care arrangements for a child, X. The dispute centred on the living arrangements for X, the allocation of parental responsibility, and the specific terms of time X would spend with each parent, including provisions for supervision and communication.

The legal issues before the court included determining the primary residence of the child, the extent of parental responsibility to be held by each parent, and the nature and frequency of time the child would spend with the father. The court was also required to consider and make orders regarding the supervision of the child's time with the father, communication protocols between the parents, and specific restrictions on parental behaviour to ensure the child's welfare.

Judge Kelly ordered that the child X live with the mother, who would have sole parental responsibility for X's care, welfare, and development. The father was granted specific periods of time with X, including alternate Sundays, school holidays, and special occasions, with detailed provisions for the duration and commencement dates of these arrangements. Crucially, X's time with the father was to be supervised by either the paternal grandmother or Ms T, with further orders specifying that from February 2018, supervision would be limited to the first and last hour of each visit. Handovers were to occur inside a police station, with the father restrained from entering the station and required to remain in his vehicle during these times. The court also made orders regarding telephone contact, notification of school and medical matters, and communication between the parents, which was to be facilitated through intermediaries. Both parents were restrained from using illegal substances, denigrating the other parent, or discussing the proceedings with X. The appointment of the Independent Children's Lawyer was discharged, and all proceedings were dismissed as finalised.