Donalds & Donalds

In the matter of *Donalds & Donalds*, heard by Carter J, the applicant, Mr Donalds, and the respondent, Ms Donalds, sought orders concerning their child, X, born in 2019. The dispute centred on the living arrangements for the child and the terms of contact between the child and each parent.

The court was required to determine the primary residence of the child, the location where the child would live, and the specific arrangements for the child to spend time and communicate with both parents. Additionally, the court needed to address the financial responsibilities for supervised contact and reporting, the provision of information between the parties and the Independent Children’s Lawyer, and prohibitions against denigration and physical discipline of the child. The court also considered the application of specific provisions of the *Family Law Act 1975* (Cth) regarding cross-examination and the preparation of a Family Report.

Carter J ordered that the child, X, live with the Mother and be returned to the metropolitan region of Melbourne, Victoria, by 31 March 2021. The court detailed specific arrangements for the child to spend time and communicate with the Father, including electronic communication while the parents were in different states and supervised face-to-face contact upon the Mother's return to Victoria. The Father was ordered to meet the costs of the supervisor's report for the initial supervised visits. The court also made orders regarding the exchange of addresses and contact details with the Independent Children’s Lawyer, the provision of medical and birth plan information by the Mother, and the Mother's obligation to keep the Father informed of the child's health. Prohibitions were placed on both parents from denigrating the other party or physically disciplining the child. The court also requested Victoria Legal Aid provide assistance to the Mother under the cross-examination scheme and ordered a court-funded Family Report to be prepared. The proceedings were adjourned for mention and listed for a final hearing.