ELDER & HINH

In the Family Court of Australia, Mr Elder (the applicant father) and Ms Hinh (the respondent mother) presented competing proposals regarding the parenting arrangements for their child, X. The father sought the continuation of an equal-time, week-about parenting regime that had been in place since December 2020. The mother proposed that the child live with her, with the father having alternate weekends and half of the school holidays.

The court was required to determine the most appropriate parenting arrangements for the child, considering the proposals of both parents and the overarching principle of the child's best interests. This involved assessing the existing arrangements and deciding whether to maintain them or implement the mother's proposed changes.

The court ultimately ordered that the child continue to live in an equal-time, week-about parenting regime with both parents. This decision reflects a finding that the existing arrangement was in the child's best interests. The orders also established equal shared parental responsibility for major long-term issues, detailed specific consultation processes for decision-making, and outlined daily care responsibilities. Furthermore, the orders included provisions for holiday arrangements, communication, changeovers, and restrictions on removing the child from Australia, including placement on the Family Law Watchlist until mid-2026. Injunctions were also issued to prevent parents from collecting the child from school on days the child was scheduled to be with the other parent, and from attending the child's school during the other parent's collection times, with exceptions for school events.