GADDY & BOCK

In the matter of Gaddy & Bock, Judge Brown of the Family Court of Australia considered an application for parenting orders concerning a 13-year-old child. The child resided in Adelaide with the mother, while the father lived in Brisbane. The central dispute revolved around arrangements for the father to spend time with the child, particularly the question of whether the child could travel unaccompanied by air, given a past episode of anaphylaxis.

The court was required to determine the best interests of the child, taking into account the child's views, the logistical challenges of the parents' geographical separation, and the specific risks associated with the child's travel. A key issue was the assessment of the risk of the child travelling unaccompanied by air, and how this risk should be managed in light of the child's medical history. The court also had to consider the practicalities of airfare payments and the need for appropriate communication between the child and each parent.

Judge Brown ordered that the parties have equal shared parental responsibility for the child, with the child to live with the mother. The father was granted time with the child during half of each school holiday period and on weekends during school terms, subject to notice requirements. Crucially, the court ordered that the child travel unaccompanied by air for all travel after the initial instance, which required accompaniment by the father or an agreed adult. This travel was to be in accordance with the child's anaphylaxis action plan. The father was to be responsible for booking and paying for all air travel and providing travel details to the mother in advance. The court also ordered that each parent ensure the child has reasonable electronic and telephonic communication with the other parent.