Fernando & Nissanka

This case involved an application before Burchardt J concerning parenting orders for a child, X, born in 2018. The applicant was the father, Mr. Fernando, and the respondent was the mother, Ms. Nissanka. The dispute centred on arrangements for the child's living situation, time spent with each parent, and decision-making responsibilities.

The court was required to determine several legal issues, including who should have sole parental responsibility for major long-term decisions concerning the child, how the child would spend time with each parent, and whether the mother should be permitted to obtain an Australian passport for the child without the father's consent. Additionally, the court considered issues relating to communication between the parents, the father's access to information about the child's education and healthcare, and the father's request for 50 per cent custody and for the child to remain within a specific geographic area and not leave Australia until adulthood.

Burchardt J's reasoning led to orders that granted the mother sole parental responsibility for major long-term decisions, with a requirement to inform the father in writing within 14 days of making such decisions. The mother was also granted sole responsibility for obtaining and renewing the child's Australian passport. The child was ordered to live with the mother, and detailed provisions were made for the child to spend time with the father, with specific arrangements varying based on the child's age and schooling. The court also made orders regarding communication between the parties, enjoining them from consuming alcohol to excess while the child is in their care, from denigrating each other or their families in the child's presence, and from discussing family law proceedings with the child. The court discharged existing orders placing the child on the Family Law Watch list and requested the Australian Federal Police remove the child from it. The judge found the father's accusations to stem from hurt and grief, deeming them unjustified and hurtful to the mother, and adopted the spend time regime proposed by the Independent Children's Lawyer, finding it age-appropriate.