Franic and Como

In the matter of *Franic and Como*, heard by Judge Henderson, the dispute concerned parenting orders for a child born in 2011. The orders sought to establish the primary caregiver of the child and to address the father's conduct towards the mother and child.

The court was required to determine the appropriate parenting arrangements, specifically regarding parental responsibility and the child's living arrangements. Furthermore, the court had to consider the necessity and scope of any restraining orders against the father, including limitations on his communication and proximity to the mother and child, and the implications of breaches of such orders.

Judge Henderson made orders granting the mother sole parental responsibility and stipulating that the child live with her. Crucially, the father, Mr Franic, was restrained from spending time with or communicating with the mother and child, and from approaching them at any place of residence, education, or extracurricular activity. This restraint extended to all forms of communication, including digital and third-party means, with an exception for communication through a legal representative. The court also provided for the father to send a gift, card, and photograph to the child twice a year, subject to the mother's inspection and discretion regarding delivery. The orders included provisions for arrest without warrant by a police officer who believes on reasonable grounds that the father has breached the injunctions.