Fennessey and Wixon and Ors

The case of Fennessey and Wixon and Ors involved parenting orders concerning a child born in 2009. The primary dispute revolved around the living arrangements and time spent between the child, the father, the mother, and the maternal grandparents, who were also respondents in the proceedings. The matter was heard by Loughnan J.

The court was required to determine the appropriate parenting orders, specifically addressing issues of parental responsibility, the child's primary living arrangements, and the specific times the child would spend with each parent. Additionally, the court had to consider conditions placed on the mother's time with the child and the general arrangements for communication, schooling, and attendance at child-related events.

Loughnan J made orders vacating previous parenting orders and establishing equal shared parental responsibility between the father, mother, and maternal grandparents. The child was ordered to live with the maternal grandparents. The court then detailed extensive provisions for the child's time with the father and the mother, including specific schedules for weekdays, weekends, school holidays, and public holidays, with provisions for agreed variations. Notably, the mother's time with the child was made conditional upon her preventing contact between the child and a Mr E, and preventing Mr E from approaching specified locations. The orders also included provisions for reasonable telephone communication, information sharing, school attendance, attendance at child-related events, and obtaining reports from treating practitioners. The court also included standard orders regarding the discussion of proceedings with the child and denigration of parties, and pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth), incorporated particulars of obligations, consequences of contravention, and assistance details. Leave was granted for parties to apply within 28 days regarding the phrasing of the orders.