FARGO & LARK

In the matter of FARGO & LARK, Benjamin J considered parenting orders concerning a child, B, born in May 1999. The dispute arose in a high-conflict family environment where the mother had allegedly threatened to alienate the child from herself and his siblings unless the father's relationship with B was circumscribed. The court's determination was informed by public policy considerations relevant to family law.

The court was required to determine the appropriate arrangements for B's parental responsibility, living arrangements, and the terms under which future parenting proceedings could be commenced. Key issues included the division of shared versus individual parental responsibility for significant decisions concerning B's welfare, such as education, medical treatment, and overseas travel. The court also had to address the practicalities of the child's living schedule and the communication protocols between the parents.

Benjamin J discharged previous parenting orders and established new arrangements. The court ordered shared parental responsibility for specific major decisions, while other aspects of parental responsibility were to be exercised individually, with an obligation to inform the other parent. The child was ordered to primarily live with the mother, with specific, detailed periods of time to be spent with the father, including alternate weekends and school holidays. The court also imposed significant restrictions on the parties' ability to commence further parenting proceedings without leave, and restrained them from discussing the proceedings or orders with the child. The court further directed that specific individuals and institutions be provided with copies of the orders and reasons.