FINCH & SHIBO

Forrest J of the Federal Circuit and Family Court of Australia made orders concerning the parenting of a child, K, born in 2007, between the child's mother and father. The dispute centred on the arrangements for the child's living situation, parental responsibility, and time spent with each parent.

The court was required to determine the primary residence of the child, the allocation of parental responsibility, and the specific arrangements for the child's time with the father, including holiday periods and communication between the parents and the child. The court also considered provisions for overseas travel and the communication protocols between the parents, particularly given an injunction against the father directly communicating with the mother.

In reaching its decision, the court discharged all previous parenting orders and ordered that the child live with the mother. The mother was granted sole parental responsibility, with the obligation to inform the father in writing of decisions regarding "major long-term issues." The father was granted specific time with the child during Queensland State School holidays, with detailed provisions for collection and return, including consequences for non-compliance. The orders also established communication protocols, including telephone calls and the use of a mobile phone provided by the father, and imposed restrictions on discussing adult issues and denigrating the other parent. An injunction was issued restraining the father from approaching the mother's residence or communicating with her, except as specifically permitted by the orders. The Independent Children's Lawyer was discharged.