Finch and Harris

This matter concerned parenting orders made by Judge Scarlett concerning the child X. The dispute involved the father (Applicant) and the mother (Respondent) regarding the long-term and day-to-day care, welfare, and development of their child.

The court was required to determine the appropriate orders for equal shared parental responsibility, the specific allocation of decision-making powers regarding elective surgery and orthodontic treatment, and the arrangements for the child's living arrangements and time spent with each parent. Further issues included provisions for communication between the child and parents, educational arrangements, and restrictions on third-party contact and parental conduct in the child's presence.

Judge Scarlett ordered the discharge of all earlier parenting orders. The parents were granted equal shared parental responsibility for long-term decisions concerning the child, with the exception that the father would have sole responsibility for decisions regarding elective surgery or orthodontic treatment after consultation with the mother. The father was to bear the cost of any private health treatment for such procedures. Day-to-day care was allocated to the parent with whom the child was residing at the time. The child was ordered to live with the mother, with specific provisions for the child to spend time with the father, including weekends, school holidays, and annual periods in January. The orders also detailed travel arrangements for the child between Sydney and Adelaide, communication protocols, and educational requirements, including the child's continued attendance at a specific high school. Injunctions were imposed restraining the mother from permitting certain individuals to spend time with the child without supervision and both parties from denigrating each other in the child's presence. The parties were also required to keep each other informed of their contact details and any significant illness or injury to the child.