Elrasheed and McGrieve

This case involved parenting orders concerning a child, L, born in March 2006. The dispute between the mother and father led to the court making orders regarding the child's living arrangements, time spent with each parent, and communication between the parents. Crucially, existing orders restraining the parents from taking the child out of the Commonwealth and placing her name on an airport watch list were maintained.

The court was required to determine the extent of equal shared parental responsibility for major long-term issues, the specific arrangements for the child to live with the mother and spend time with the father, and the communication protocols between the parents. Additionally, the court needed to address provisions for the child's counselling, the role of the Independent Children's Lawyer, and mutual restraints on the parents' conduct towards each other and the child.

Forrest J ordered the discharge of all previous parenting orders, except those concerning international travel restrictions and airport watch lists. The parents were granted equal shared parental responsibility for major long-term issues, with specific obligations to consult and make genuine efforts to reach joint decisions. The child was ordered to live with the mother, with detailed provisions for the child to spend time with the father, including during weekends, school holidays, and on specific birthdays. The orders also established communication methods between the parents, including telephone contact with the child, and authorised the release of information regarding the child's care. Furthermore, the parents were restrained from verbal or written abuse, denigrating each other or their families to the child, and discussing court proceedings with the child. The court also ordered the child to attend counselling, with the Independent Children's Lawyer to facilitate this process and inform the child of the orders before being discharged.