ELBERS & ELBERS

In the matter of ELBERS & ELBERS, heard before Judge Neville, the dispute concerned parenting arrangements for the child, X, born in 2012. The application involved a proposed graduated increase in the child's time spent with the Applicant Father, against a backdrop of historical allegations of violence and a history of poor communication between the parents.

The court was required to determine appropriate parenting orders that would facilitate a gradual increase in the child's time with the Father, while ensuring the child's best interests and safety. This involved assessing the current circumstances, including the absence of any relevant risk in either household, and considering the parents' capacity for communication and co-operation.

The court's reasoning led to consent orders being made on a final basis. These orders established equal shared parental responsibility for the child. A regime for the gradual increase in the child's time with the Father was implemented, commencing with the child living with the Respondent Mother and spending time with the Father on weekends and then transitioning to a shared-care arrangement from the child's ninth birthday. The orders also included specific provisions prohibiting discussion of the proceedings or denigration of either parent to the child.