Fleming & Fleming

In this matter before Moore J, the parties were the parents of a child diagnosed with autism and developmental delay. The father sought orders for increased time with the child, including overnight stays and extended periods during school holidays. The proceedings involved consideration of the mother's attitude towards the father and the father's capacity to meet the child's specific needs, particularly given the child's vulnerability to change.

The court was required to determine the parenting arrangements that would best serve the child's welfare and best interests, balancing the father's desire for greater involvement with the child's need for stability and predictability. Key issues included the appropriate progression of overnight stays and the introduction of longer periods of time with the father, taking into account the child's developmental challenges.

Moore J made orders establishing equal shared parental responsibility, with the child to live with the mother. The orders progressively increased the child's time with the father, commencing with weekday and weekend visits and gradually introducing overnight stays and longer block periods during school holidays. These arrangements were structured to allow the child to adapt to increased time with the father, with specific provisions for changeovers, communication between parents, and the sharing of professional costs. The orders also included specific requirements for both parents to undertake courses and provide information to facilitate the child's transition and well-being.