Flutter and Flutter

This matter concerned parenting orders before Murphy J of the Family Court of Australia. The dispute involved variations to existing parenting orders concerning the child's residence and time spent with each parent, as well as orders relating to the child's passport, therapy, and the conduct of the litigation.

The court was required to determine the terms of new parenting orders, including the child's living arrangements and the father's time with the child. Key issues included the supervision of the child's time with the father, the involvement of a family consultant, and restrictions on the parents' ability to seek a passport for the child or remove the child from Australia. The court also considered the need for the parties to obtain consent for therapy for the child and the management of existing evidence in light of the matter's extensive litigation history.

Murphy J varied the existing parenting orders, ordering that the child live with the mother. The father was granted specific supervised time with the child, with the supervision to be provided by the paternal grandmother or an agreed alternative, subject to approval. The court also made orders regarding changeovers, the child's passport, and the prohibition of therapy without consent and court order. Liberty to apply was granted, and directions were made for the Registrar to set trial dates, with an estimated five-day trial to be heard in October or November 2009. The court also noted the extensive litigation history and granted leave for parties to rely on previously filed affidavits and evidence to minimise further expense.