Gemmell and Gemmell

This case concerned parenting orders made by Judge Small in relation to the child X. The dispute involved the father and the mother, who sought to vary existing parenting orders concerning their child.

The court was required to determine the specific arrangements for the child's living arrangements, parental responsibility, and time spent with each parent. This included decisions regarding the child's health and education, as well as the practicalities of the child's residence and communication between the parents and the child. The court also had to consider injunctions to protect the child and ensure compliance with the orders.

Judge Small discharged all previous parenting orders and made new orders. The father was granted sole parental responsibility for the child's health and education, with shared responsibility otherwise. The child was ordered to live with the father, and detailed provisions were made for the mother's time with the child, including during school terms, holidays, and on specific occasions like birthdays and Christmas. The orders also included injunctions restraining the mother from allowing the child contact with a specific individual, and both parents from denigrating each other or discussing proceedings in the child's presence. Furthermore, the father was directed to obtain a mental health plan for the child to assist with the transition. The court also made orders preventing the child from leaving Australia and requested the Australian Federal Police to place the child on a Watch List. Finally, the order appointing an Independent Children's Lawyer was discharged.