ERRINGTON & MADDOCK

This matter concerned the parenting arrangements for a child, X, born in 2011, between the Mother and the Father. The proceedings were before Judge Scarlett. The court was required to determine the living arrangements for the child, the allocation of parental responsibility, and the specific time the child would spend with each parent, as well as to make orders for the protection of the Mother.

The court considered the existing orders made on 19 December 2014 and 28 January 2015, which were discharged. The primary legal issues were to establish where the child would live, who would hold parental responsibility, and to set out a detailed schedule for the child's time with each parent, including specific provisions for holidays and special occasions. Additionally, the court needed to address communication protocols between the parents and implement protective measures for the Mother.

In its reasoning, the court ordered that the child X would live with the Mother and that the Mother would have sole parental responsibility. A phased approach was adopted for the child's time with the Father, commencing with shorter periods and gradually increasing the duration and frequency of contact, particularly on Saturdays. Specific provisions were made for Fathers’ Day, the Father's birthday, the child's birthday, Easter Sunday, and Christmas Eve. The court also imposed injunctions restraining both parties from making derogatory remarks about the other in the child's presence, discussing proceedings with the child, or using recording devices to film or record the other party. Furthermore, for the personal protection of the Mother, the Father was restrained from entering or remaining in the Mother's place of residence.