Eicher and Roman

In Eicher and Roman, Watts J of the Family Court of Australia made orders concerning the living arrangements and parental responsibilities for a child, M. The dispute centred on the arrangements for M's residence, time spent with each parent, and decision-making regarding M's upbringing.

The court was required to determine the primary residence of the child, the allocation of parental responsibility, and the specific times the child would spend with each parent, including during school terms, holidays, and on special days. Further issues included the process for day-to-day and major decision-making, communication protocols between parents, and provisions for travel and relocation. The court also addressed the discharge of previous orders and the appointment of an Independent Children's Lawyer.

Watts J ordered that the child, M, live with the mother at all times other than when M spends time with the father. The mother was granted sole parental responsibility, with specific provisions for day-to-day decisions to be made by the parent with whom the child is residing. Major decisions regarding education and medical care require the mother to provide 21 days' written notice to the father, who must be given an opportunity to express his views. The court detailed a graduated schedule for the child to spend time with the father, increasing over time, and established a pattern for alternate weekends and half of school holidays. Provisions were also made for special days, communication between parents and the child, and restrictions on relocation without consent or further court order. All previous orders were discharged, and the Independent Children's Lawyer was discharged.