Findlay and Lyons

This matter concerned an application by the father, Mr Findlay, and the mother, Ms Lyons, regarding their child, X Findlay-Lyons. The case was heard by Foster J.

The primary legal issues before the court were the determination of equal shared parental responsibility, the child's living arrangements, and the specific arrangements for the child spending time with each parent. Additionally, the court was required to consider provisions for communication between the child and the non-resident parent, the facilitation of changeovers, and orders relating to the child's welfare, including restrictions on counselling and mental health interventions, and the parents' conduct towards each other and in the child's presence.

Foster J ordered that Mr Findlay and Ms Lyons have equal shared parental responsibility for their child. The child was ordered to live with Ms Lyons. The court then detailed a comprehensive schedule for the child to spend time with Mr Findlay, which included progressively increasing periods of time over several years, with specific provisions for weekends, school holidays, and public holidays. The orders also stipulated arrangements for communication, changeovers, and required both parents to engage in therapeutic intervention with a named psychologist and doctor, with specific cost-sharing arrangements. Furthermore, the court imposed restraints on the parents regarding denigrating each other, discussing proceedings in the child's presence, and showing the child documents related to the proceedings. The parents were also ordered to keep each other informed of the child's health and their contact details.