Dunstan and Raines

This matter concerned final parenting orders made by Benjamin J in relation to a child born in 2008, with the parties being Ms Dunstan (the mother) and Mr Raines (the father). The dispute revolved around arrangements for the child's residence, parental responsibility, and significant periods of international travel and residence with the mother.

The court was required to determine the terms of final parenting orders, including whether to vacate previous orders and what new arrangements should be put in place. Key issues included the allocation of sole parental responsibility to the mother, permission for the child to live with the mother in the United States of America for an extended period, and the father's future contact with the child, including supervised time and communication arrangements. The court also had to consider the practicalities of the child's travel, passport applications, and the potential relocation of the child's primary residence within Australia upon the mother's final return.

Benjamin J made extensive orders, vacating previous parenting orders except for interim consent orders relating to a holiday to the USA. The court ordered that the child live with the mother and granted her sole parental responsibility, including for passport applications and educational and health care decisions. The mother was permitted to remove the child from Australia to live with her in the USA between December 2015 and June 2017, with the father ordered to assist with visa applications. The father's contact with the child was to be supervised, initially at a Children's Contact Service and subsequently by the child's paternal uncle, with specific dates and times outlined. The court also made provisions for Skype communication between the father and the child and for the mother to facilitate the child's return to Australia for contact with the father during the USA residency.