Ferris and Midford

In the matter of Ferris and Midford, Austin J of the Family Court of Australia considered an application concerning the parental responsibility and residence of a child, Z, born in 2018. The dispute involved the mother and father regarding the arrangements for their child.

The court was required to determine the nature of parental responsibility to be shared between the parents, where the child would primarily reside, and the communication arrangements between the child and the non-resident parent. The court also had to consider the implications of contravening any orders made and the potential for future applications concerning the child's residence and time with the father.

Austin J ordered that the parties have equal shared parental responsibility for Z. The child was to live with the mother, provided she established residence within 150 kilometres of B Town, New South Wales, or within 50 kilometres of Brisbane, Queensland. The mother was also ordered to ensure the child communicated with the father via Skype or similar means on specific days and times, adjusted for the child's location in either Australia or the United Kingdom. The court noted that particulars of these obligations, consequences of contravention, and assistance were detailed in an attached Fact Sheet, forming part of the orders.

The court dismissed interim relief sought by both the mother and the father in their respective applications. Costs were reserved for 28 days. The court indicated it would consider further applications from the father regarding the child's residence if the mother failed to return the child to Australia as ordered, or concerning the child's time with him once the mother had established residence in Australia.