FAIRLIE & BAILER

This matter concerned parenting orders made by Faulks DCJ in relation to a child, B, born in 2005. The proceedings involved B's mother, Ms Fairlie, and her father. The court was required to determine the arrangements for B's parental responsibility, time spent with each parent, communication between the parents regarding B, and specific restrictions and obligations placed upon the father.

The court was tasked with determining the extent of sole parental responsibility for B, the quantum and conditions of time B would spend with her father, and the communication protocols between the parents concerning B's welfare, including medical and educational matters. Furthermore, the court had to consider and impose specific orders restraining the father from certain behaviours, including driving under the influence of drugs or alcohol, driving without a licence, and engaging in particular personal care and sleeping arrangements with B. The court also addressed the return of subpoenaed material.

In its reasoning, the court made orders granting Ms Fairlie sole parental responsibility for B. B was to spend time with her father for one half of each school holiday period, with specific conditions attached regarding the father's communication of travel arrangements and, for the longer summer holidays, a three-week period in January, also subject to communication requirements. The court also made orders for telephone contact and communication regarding B's health and schooling, with the father to bear the cost of medical information and school reports. Crucially, the court imposed several restraining orders on the father, prohibiting him from driving B while under the influence of drugs or alcohol, driving without a licence, bathing or showering with B, and sleeping in the same bed as B. The court also discharged all previous orders relating to B, including an order concerning her removal from Australia and placement on the Airport Watch List.