Garner and Garner

In the matter of Garner and Garner, Berman J of the Federal Circuit Court of Australia made orders concerning the parental responsibility and time arrangements for a child born in 2015. The dispute concerned the arrangements for the child’s living arrangements and time spent with each parent.

The court was required to determine the nature of parental responsibility, where the child would live, and the specific arrangements for the child to spend time with the father. Additionally, the court needed to address the supervision of the father’s time with the child, the costs associated with that supervision, and the conditions under which supervision could cease. The court also made orders restraining the parties from approaching each other’s residences or places of employment, except as necessary to give effect to the orders or agreed arrangements.

Berman J ordered that the parties have equal shared parental responsibility for the child. The child was ordered to live with the mother. The father was granted time with the child each Wednesday and Saturday, initially supervised by the paternal grandparents or a psychologist, Mr C, following an intake process. The parties were to share the costs of Mr C’s supervision. The orders stipulated that after the supervised time concluded, and subject to a psychologist, Dr D, confirming no material change to a previous report based on audio recordings, the father's time would become unsupervised. The court also made provisions for additional time by agreement and specified handover locations.