Gibb and Kearney

This matter concerned competing applications for parenting orders concerning the child X, heard by Judge Brown. The dispute centred on the arrangements for the child's residence and time spent with each parent.

The court was required to determine the living arrangements for the child, the specific times the father would spend with the child, and the conditions attached to those arrangements. Additionally, the court needed to consider the necessity of a family assessment, the terms of any such assessment, and the costs associated with it. The court also had to address the conduct of the parties in the presence of the child, the father's alcohol consumption, and the communication protocols between the parents regarding the child's care and personal details.

Judge Brown ordered that the child X live with the mother. The father was granted specific time with the child on Wednesdays and Sundays, with conditions including collection and return by the paternal grandmother and the presence of a paternal grandparent during the father's time. Further arrangements for holidays and the child's birthday were to be agreed upon, failing which they would be determined by the court. The court also mandated that a copy of the orders be provided to the child's pre-school. A family assessment was ordered, to be completed within 14 days by an agreed assessor or one appointed by the court, with costs to be borne equally by the parties and the report to be available by the end of January 2017. Injunctions were granted restraining the parties from denigrating each other in the child's presence and restraining the father from excessive alcohol consumption prior to and during his time with the child. The parties were also ordered to exchange a communication book detailing the child's care and to exchange current contact details. Further consideration of the matter was adjourned to 14 February 2017, pending receipt of the family assessment report.