FLECK & FONTAINE

This matter concerned an application before Hannam J in the Federal Circuit and Family Court of Australia, involving the child H Fontaine and his parents. The dispute revolved around the arrangements for the child's long-term care, welfare, and development, and the specific orders sought by the parties concerning parental responsibility, living arrangements, and time spent with each parent.

The court was required to determine the appropriate orders regarding sole parental responsibility, the child's residence, and the father's time with the child. Further issues included the conditions and limitations on the father's time, including notification requirements, changeover arrangements, and the impact of the child's sporting commitments. The court also considered orders relating to the child's health, medical information, passport, and communication between the parents and the child.

By consent of the Independent Children’s Lawyer and the mother, the court discharged all previous orders and made new orders. The mother was granted sole parental responsibility for the child's long-term care, welfare, and development, and the child was to live with her. The father was granted specific periods of time with the child, subject to a condition that he provide confirmation via SMS at least twenty-four hours prior to each period of time. The orders detailed specific arrangements for school holidays, changeovers, and the suspension of the father's time during organised sporting events, with strict notification and attendance requirements. The court also made orders concerning medical care, passport arrangements, telephone contact, and the prohibition of denigration of either parent in the child's presence. All outstanding applications were dismissed.