Farrar and Ramsden

This case concerned parenting orders made by Judge Terry in relation to a child, X. The dispute involved the mother and father of X, who sought to establish arrangements for X's residence, time with each parent, and parental responsibility.

The court was required to determine the best interests of the child, X, by considering various factors including the child's views, the nature of her relationship with each parent, and each parent's capacity to provide for her needs. Specifically, the court had to assess the weight to be given to the expressed views of X regarding her living arrangements and time with each parent, and to evaluate the evidence presented by both the mother and the father concerning these views, as well as the independent assessment provided by a family report writer.

Judge Terry found that the father's assertions regarding X's desire to spend more time with him and her wish for equal time with both parents could not be given weight. This was due to the father's potential for selective reporting and the possibility that X may have expressed these views to please him. Similarly, the mother's claims about X's preference for living primarily with her were treated with caution as they aligned with her desired outcome. The court placed greater reliance on the independent evidence from the family report writer, who stated that X liked living with her mother and did not want this to change, while also liking to see her father. The father's objections to the family report writer's findings, suggesting X was coached or associated the writer with her mother, were dismissed by the court for lack of evidence.

The court ordered that the mother have sole parental responsibility for X, subject to certain injunctions. The mother was restrained from changing X's name or relocating her from the specified area without the father's written consent or a court order. The mother was also required to inform the father in writing of any major long-term decisions concerning X. X was ordered to live with the mother, with specific provisions for X to spend time with the father during alternate weekends, school holidays, and on special occasions such as birthdays. The orders also included provisions for communication between X and the non-resident parent, notification of address and telephone number changes, and reporting of medical emergencies or serious illnesses. Furthermore, both parents were restrained from denigrating each other or discussing court proceedings with X, and were granted rights to receive school information and attend school events. Provisions were also made for international travel with X, including notice requirements, and for the renewal of X's passport.