Gin & Hing (No 8) - [2023] FedCFamC1F 954

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Gin & Hing (No 8) [2023] FedCFamC1F 954

File number MLC 4528 of 2010

Judgment of WILSON J

Date of judgment 22 November 2023

Catchwords FAMILY LAW – PARENTING – Parental responsibility – application for sole parental responsibility by mother and for equal shared parental responsibility by father – best interests of the child – failure of cooperative coparenting – one parent exhibiting a consistently competitive approach towards parenting – held, sole parenting ordered.

Legislation Family Law Act 1975 (Cth) s 4AB, 60CA, 60CC, 61B, 64B(2)(c)

Cases cited
Gin & Hing (No 6) [2023] FedCFamC1F 68

Project Blue Sky v Australian Broadcasting Corporation (1998) 194 CLR 355

Richter v Richter (2019) 63 Fam LR 102

Division Division 1 First Instance

Number of paragraphs 118

Dates of hearing 26, 27, 28, 29 and 30 August 2019, 31 August 2020, 1, 2, 3 and 4 September 2020, 26, 27 and 28 October 2020, 26 and 28 July 2021, 8 November 2021, 17, 18 and 22 February 2022, 2 and 3 March 2022, 1 April 2022, 28, 29 and 30 September 2022, 15, 16 and 27 and 28 February 2023, 4 and 5 July 2023.

Place Melbourne

Counsel for the applicant Mr F Dixon SC (all dates) with Mr A Robinson (26 and 27 August 2019, 31 August 2020, 1, 2, 3 and 4 September 2020, 26, 27 and 28 October 2020, 26 July 2021, 17, 18 and 22 February 2022, 2 and 3 March 2022, 1 April 2022 and 30 September 2022).

Solicitors for the applicant Clancy & Triado

Counsel for the respondent Ms R Stoikovska SC (26, 27, 28, 29 and 30 August 2019) with Mr G Combes (26, 27 and 30 August 2019).
The respondent was unrepresented (on 31 August 2020, 1, 2, 3 and 4 September 2020, 26, 27 and 28 October 2020, 26 and 28 July 2021, 8 November 2021, 17, 18 and 22 February 2022, 2 and 3 March 2022, 1 April 2022, 28, 29 and 30 September 2022, 15, 16, 27 and 28 February 2023, 4 and 5 July 2023).

Solicitors for the respondent M Legal

Counsel for the Independent Children's Lawyer Mr D Whitchurch (all dates)

Solicitors for the Independent Children's Lawyer Macgregor Solicitors
ORDERS

MLC 4528 of 2010

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN
MS HING

Applicant

AND
MR GIN

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY

WILSON J

DATE OF ORDER

22 NOVEMBER 2023

THE COURT ORDERS THAT –
1.The mother have sole parental responsibility for the child of the marriage born 2010.
2.The child live with the mother.
3.The child spend time with the father during all school terms each alternate weekend from the conclusion of school on Friday (or 3:30pm if a non-school day) until 5:00pm the following Sunday.

School Holidays
4.The school holiday period shall be defined as commencing at the conclusion of school on the last day of term and concluding at the commencement of school on the first day of the following term with changeovers to occur at 9:00am.
5.During the school term holidays for one half of all school term holidays as agreed, and failing agreement, for the first half with the father and second half with the mother in all even numbered years being from the conclusion of school on the last day of term until 4:00pm on the middle day of the holidays (or if there are two middle days, on the earlier of the two), and the first half with the mother and the second half with the father in all odd numbered years being from 4:00pm on the middle day of the holidays (or if there are two middle days, the earlier of the two) until 2:00pm on the last day of the school holidays.
6.During the long summer holidays, unless otherwise agreed in writing between the parties, the child shall live with the parties as follows –
(a)during the holidays commencing December 2024 and each alternate year thereafter –
(i)the first 14 nights with the mother;
(ii)the next 14 nights with the father;
(iii)the balance of the school holidays divided equally between the mother and the father with the child to spend the first half with the mother and the second half with the father; and
(iv)in the event the holidays exceed 8 weeks, then any further nights, prior to the commencement of Term 1, shall be with the mother.

(b)During the holiday's commencing December 2023 and each alternate year thereafter –
(i)the first 14 nights with the father;
(i)the next 14 nights with the mother;
(ii)the balance of the school holidays (up to 28 nights) divided equally between the mother and father with the child to spend the first half with the father and the second half with the mother; and
(iii)in the event the holidays exceeds 8 weeks, then any further nights, prior to the commencement of Term 1, shall be with the mother.

7.In the event either parent seeks to take the child overseas on holiday during the long school holidays, they shall be entitled to extend one of the above periods for a further week (i.e. up to three weeks in a row) with the other parent given the opportunity the following year for an additional week as follows –
(i)during the holidays commencing December 2024, and each alternate year thereafter, the mother shall have the opportunity to take the child overseas, and have an additional seven nights to do so; and
(ii)during the holidays commencing December 2023, and each alternate year thereafter, the father shall have the opportunity to take the child overseas, and have an additional seven nights to do so.

(b)The child shall spend the last two nights of the long summer holidays, prior to the commencement of Term 1, with the mother.

8.Time pursuant to paragraph 3(a) and (b) herein shall resume after each school term and long summer holiday period as if uninterrupted by the holiday period.

Special Occasions
9.Regardless of any other order, the child shall spend time with the parents on special occasions as follows –
(a)for a cultural festival, from the conclusion of school (or 3:00pm if a non-school day) the previous day until the commencement of school (or 3:00pm if there is no school that day) on the day following the festival (a total of two nights) –
(i)with the father in 2024 and each alternate year thereafter; and
(ii)with the mother in 2023 and each alternate year thereafter;

(b)for Lunar New Year from the conclusion of school (or 3:00pm. if a non-school day) one day prior to Lunar New Year until the commencement of school (or 3.00pm if there is no school that day) on the day following Lunar New Year Day (a total of two nights) –
(i)with the father in 2023 and each alternate year thereafter; and
(ii)with the mother in 2024 and each alternate year thereafter;

(c)if Mother's Day falls on a day when the child would otherwise spend time with the father pursuant to these Orders, the father's time be suspended from 5:00pm on the day preceding Mother's Day until the commencement of school (or 10:00 am if a non-school day) the day after Mother's day;
(d)if Father's Day falls on a day when the child would otherwise spend time with the mother pursuant to these Orders, the father spend time with the child from 5.00pm the day preceding Father's Day until the commencement of school (or 10:00am if a non-school day) the day after Father's day;
(e)on the child's birthday, the parent with whom the parent is residing shall make the child available to spend time with the other parent from the conclusion of school until 8:00pm to enable the other parent to enjoy a meal with the child and then return the child to the resident parent. In the event that the child's birthday falls on a weekend then such arrangement shall take place from 3:00pm until 8:00pm;
(f)if the mother's birthday falls on a day when the child would ordinarily be in the care of the father, the mother spend time with the child from the conclusion of school (or 3.00pm if there is no school) until 8:00pm;
(g)if the father's falls on a day when the child would ordinarily be in the care of the mother, the father spend time with the child from the conclusion of school (or 3:00pm if there is no school) until 8:00pm; and
(h)at such further or other times as may be agreed from time to time by the mother and father in writing.

Travel
10.Each of the mother and father be permitted to travel overseas with the child for the purpose of holiday but only if the party intending to travel has provided the other party with no less than 28 days written notice ("the notice period") of their intention to travel overseas and supplied –
(a)an itinerary of the proposed trip, including the dates of departure and return to Australia and full particulars of travel (including the airline carrier, flight numbers, flight times and stopover(s));
(b)a photocopy of all airline booking(s) purchased; and
(c)a list of the address(es) and telephone number(s) of all places where the child will be accommodated whilst outside the Commonwealth of Australia.

11.If pursuant to paragraph 10 of these Orders either the mother or father intends to travel with the child to a country that is not a Convention Country (as defined in the Family Law (Child Abduction Convention) Regulations 1986 or any like Acts, regulation, convention or law amending or repealing same then in addition to the requirements of paragraph 10 –
(a)the party proposing to travel with the child provide a surety for their return to Australia of $10,000 ("the surety");
(b)the surety be paid into Clancy & Triado's trust account on or before the 21st day of the notice period, and thereafter be held in a trustee approved bank account and not diminished or dealt with in any way unless the child is not returned to Australia within 3 days of the scheduled date of her return when Clancy & Triado shall be at liberty to release the surety (including any accumulated interest) for application by the other party towards the costs of procuring the child's return to Australia, including legal costs, disbursements and fares;
(c)subject to sub-paragraph (b), the surety (including any accumulated interest), be otherwise refunded within seven days to the party who provided it upon the child's return to Australia; and
(d)nothing in this order is intended to cause the release of the surety to the non‑travelling party where the child's return to Australia is, through no fault or neglect of the travelling party, delayed by airline disruption or unfavourable weather conditions.

12.Neither the mother nor father shall unreasonably withhold her and his consent to the other party travelling overseas with the child.
13.The child's current passport shall be –
(a)held by the mother;
(b)released by the mother to the father no less than 10 days before the father intends to travel overseas with the child, provided the father has met the conditions set out in paragraph 9 and 10 (if applicable) above; and
(c)delivered to the mother within 2 days of the conclusion of any travel outside Australia undertaken by the father with the child.

14.In case of a family emergency the provisions in paragraphs 10 and 11 of these orders (if travel is proposed to a country that is not a Convention Country) continue to apply but may be complied with on short notice by the party proposing to travel and, following compliance, the other party shall respond in writing to such request within two days and, if there is agreement, the mother shall forthwith thereafter take all necessary steps to release the child's passport pursuant to paragraph 12 of these orders.
15.Each of the mother and father do all such acts and things and sign all such documents as are necessary to renew or replace child's passport from time to time, at the parties' equal expense, so as to ensure that the passport is valid and there is not less than six calendar months before expiry.

Other Matters
16.The child will continue to attend P School and shall not be enrolled in any other school unless otherwise agreed between the mother and father in writing with the mother to have the final determination in the event of disagreement.
17.The mother shall be the only provider of a single mobile phone for the child with the mother to meet all costs associated therewith and the mobile phone to remain in the possession of the child.
18.The child shall be permitted to telephone either parent at any reasonable time and the child shall be allowed to use her mobile phone for such purpose but for no more than two calls per day, save in the event of emergency.
19.The child shall be permitted to text either parent in the morning between the hours of 8:00am and 8:30am (or 9:00am to 9:30am if a non-school day) and in the evening between the hours of 8:00pm and 8:30pm and shall be allowed to use her mobile phone for such purpose.
20.Neither parent shall be permitted to record the child's telephone conversations and/or personal conversations with either parent or any other person.
21.Changeover shall occur as follows –
(a)on school days, the child shall be delivered to school by the parent whose care she was in and collected from school by the receiving parent; and
(b)on non-school days (including school holidays), the child shall be collected from the other parent's residence by the receiving parent.

22.In the event of the child travelling with school, the responsible parent for ensuring her correct attire and equipment will be the parent with whom the child is at that time residing.
23.Each parent be and is hereby at liberty to attend the child's extracurricular schooling events, awards nights, drama nights or other like events to which parents are normally invited.
24.The child shall attend upon a mutually agreed counsellor or psychologist ("the counsellor") for the purpose of non-reportable counselling to assist the child from time to time with regard to any issues that may arise, and –
(a)in the absence of agreement between the parents within 7 days, the child shall attend upon a counsellor or psychologist as nominated by the mother.
(b)the costs of such counselling shall be borne equally by the parents; and
(c)the frequency of, and attendants to, such sessions shall be as recommended by the counsellor after consulting with the child.

25.Neither parent shall enrol or organise the child to attend any additional extracurricular activities or sporting event which impacts upon the child's time with the other parent without prior written consent of the other unless it is a requirement of the child's school for the child’s participation (noting that the child has been and is enrolled in three extracurricular activities).
26.The mother and father shall each do all acts and things to ensure the child has all available to her and wears her uniform at school (as recommended by the school) and for these purposes each promptly return to the other parent any item of clothing worn or carried by the child when she was last collected by them.
27.Each party shall keep the other promptly notified in writing of any significant illness or injury suffered by the child, including particulars of the treating doctor, the diagnosis and prognosis and the treatment prescribed.
28.Except in an emergency, both parties shall ensure the child only attends upon –
(a)R Medical Centre (S Street, Suburb U) or V Medical Centre, (W Street, Suburb Y) ("the Clinics") for medical advice and/or treatment;
(b)Dr Z, of AA Dental Clinic (BB Street, Suburb CC) for dental treatment; and
(c)such other specialist, general practitioner and/or dentist as may be agreed from time to time by the mother and father in writing and, in the absence of agreement within 7 days, as determined by the mother or to which the child may be referred by the said Clinics of Dr Z.

29.The mother and father shall notify the other in writing in the case of an emergency, within 24 hours of any referral of the child to a specialist medical or dental practitioner, paediatrician and of appointment(s) made in relation thereto.
30.Each shall party keep the other party promptly informed in writing of the child's health insurance particulars (including accounts number) from time to time and do all acts and things necessary to enable the other party to make claims on the health insurance in respect of expenditure made by them.
31.The mother and father shall each provide to the other not less than 7 days' prior written notice of any proposed change of his or her or the child's residential address, telephone number or email address and each parent shall supply to the other precise particulars of the proposed residential address, telephone numbers and email address.
32.In the event either parent is not fully vaccinated against Covid-19, that parent shall forthwith make all necessary arrangements to receive the Covid-19 vaccination/s. Should such vaccinations not be attended to within 14 days of this order, all holiday time be suspended pending evidence that such vaccination has occurred. Each party shall forthwith advise the other if other members of their household over the age of 12 have not been vaccinated.
33.The mother and father shall do all things necessary to comply with and follow government restrictions relating to the spread of Covid-19.
34.The appointment of the Independent Children’s Lawyer is discharged.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Gin & Hing has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
WILSON J
INTRODUCTION

The child relevant to this litigation has been the object of long term disputation between her parents for all but one year of her life. The child is almost 14 years of age. Her parents continue to wage war over parental responsibility for her, with whom the child will live and the time the child should spend with each parent.
Each parent has remarried and has had other children. The child moves happily between households coping perfectly well with her half-siblings and with the new spouses of each parent. According to expert evidence adduced in this litigation, the child is performing well at school and in her extra-curricular activities.
On the final day of an unusually long trial over parenting issues that spanned 31 days, the father eventually settled on his formulation of the orders he sought, prospectively, for the child. Even recognising that the father was not legally represented for most of the trial of this proceeding, the parenting proposals he advanced in his final address were not child-focused. Instead, they reflected what underscored a great deal of his approach in this litigation, namely point-scoring against the child’s mother and her second husband. That point-scoring failed to take into account the best interests of the child. The father’s proposal also failed to take into account how the child had successfully adjusted to living between two households for most of her life.

For the reasons that follow, in my view final parenting orders must be made in accordance with the mother’s proposal.
RELEVANT BACKGROUND
To better understand these reasons, it is necessary to narrate some details of the key persons in this litigation.
The mother is presently 41 years of age. She was born in Country Q. She is the only child of the child’s maternal grandparents. The mother’s parents settled permanently in Australia. The mother has no tertiary education and does not work. The maternal grandparents raised the child’s mother in privileged circumstances.
The child’s mother and father met in 2008. At the time each was in his and her early twenties.
The father is presently 43 years of age. He was born in Country Q. He qualified as a professional in Australia and until recently, he operated his own business. During the currency of the trial of this proceeding, the father commenced a new business. The father’s second wife is also involved in similar activities.
The father and mother married in 2009.
The child was born in 2010.
The parents separated on a final basis in March 2010 and were divorced in 2013.
The father has two children with his second wife.
The mother has one child with her second husband.
Since her very young years, the child has lived with the mother and spent time with the father.
The child has had the good fortune of receiving her primary and secondary education from a very early age at one of Melbourne’s finest private girls’ schools. The evidence was scant as to who paid for the child’s schooling, however.
No evidence exhibited that the child has difficulty when living at either parent’s household or in mixing with the other half-siblings in the homes of each parent.
If anything, the evidence reveals that the child copes extremely well in her current circumstances. This child has been described as intelligent and mature for her years.
Nothing in the evidence revealed anything but a caring attitude towards the child exhibited by the mother’s second husband and by the father’s second wife.
HISTORIC EPISODE OF POOR BEHAVIOUR
The mother and father have not at all times behaved cooperatively towards one another in the raising of the child. For example –
(a)the mother has previously accused the father of presenting the daughter at her school following weekend time in his care in an allegedly dishevelled manner;
(b)the mother has previously accused the father of sending the daughter to school with provisions for her lunch that were inadequate; and
(c)the father has previously accused the mother of behaving badly on a trip many years ago leading to the police becoming involved, although the police took no part thereafter in the incident.
Several things must be said of that evidence of those historical events. First, those events are a long time in the past. Second, the child was considerably younger and in the intervening period the child has matured in such manner that she is able to present herself for school and she can manage her own lunches. Third, since the trip episode no repeat of such an event has occurred.
Next, over the life of this litigation parenting orders have been made from time to time to meet the exigencies relevant to the particular stage of the child’s development. In more recent times the child has had the good fortune to holiday overseas at regular intervals in luxurious circumstances. The evidence of aggressive interactions between the father and mother has abated.
The focus of this litigation has been the need for formalised parenting orders that are in the best interests of the child’s, in a prospective sense, from the date of the orders to the child’s attainment of her majority when she reaches 18 years of age. That task involves a careful consideration of the competing proposal advanced by each parent on each issue of parental responsibility, time, live with arrangements and other matters.
EXPERT EVIDENCE IN THIS CASE
Dr N has been involved with the child since the child was very young. Dr N provided nine reports that went into evidence. In those reports, over the duration of time they spanned, it is fair to say that Dr N’s attitude towards the father hardened leading to Dr N expressing opinions that were critical and unfavourable about the father’s capacity to have equal shared parental responsibility and about the father’s proposal for the child to live with him for periods greater than the time the child would spend in the mother’s care.
At the insistence of the father, Dr N spent five days being cross-examined by the father. At that phase of the trial, he was not legally represented. The father was seeking to demonstrate that Dr N was biased against the father. Ultimately, the father abandoned his assertions that Dr N was biased. I did not consider that Dr N was biased. She did express adverse views about the father on certain issues, however. A great deal of the father’s efforts when questioning Dr N was directed to his attempts to persuade Dr N into expressing the view that the father was not as difficult as Dr N said he was. Dr N was pressed on this point from a variety of different perspectives. Dr N maintained throughout her questioning by the father that he was a very difficult person and was incapable of cooperatively coparenting the child.
Having closely observed the father during the running of this trial it seemed to me that Dr N’s assertions about the father were well founded. That is of no special evidentiary significance because Dr N’s views of the father must be referrable to a specific statutory consideration I am required to address before Dr N’s views can be taken into account in any forensically relevant manner in this litigation. In the specific subsections of s 60CC(3) of the Family Law Act (where relevant) I have incorporated Dr N’s opinions in my considerations as well as in other statutory provisions that fall for consideration.
THE PARTIES’ RESPECTIVE PROPOSALS
Lengthy as they may each be, it is necessary to record the proposals of the mother on the one hand and of the father on the other.
THE MOTHER’S PROPOSAL
The iteration of the mother’s proposals for final parenting orders at the commencement of the trial were as set out immediately below.
1.The ~~mother~~ parties have ~~sole~~ joint parental responsibility for the child of the marriage born […] 2010.
2.The child live with the mother.
3.The child spend time with the father:
(a)       during all school terms:
(i)Each alternate weekend from the conclusion of school on Friday (or 3.30pm if a non-school day) until ~~5.00pm Sunday~~ the commencement of school (or 9.00am if a non-school day) on Monday.
[…]
School Holidays
4.The school holiday period shall be defined as commencing at the conclusion of school on the last day of term and concluding at the commencement of school on the first day of the following term with changeovers to occur at 9.00am.
5.During the school term holidays for one half of all school term holiday periods as agreed, and failing agreement, for the first half with the Father and second half with the Mother in all even numbered years being from the conclusion of school on the last day of te1m until 4.00pm on the middle day of the holidays (or if there are two middle days, on the earlier of the two), and the first half with the Mother and second half with the Father in all odd numbered years being from 4.00pm on the middle day of the holidays (or if there are two middle days, the earlier of the two) until 2.00pm on the last day of the school holidays.
6.During the long summer holidays, unless otherwise agreed in writing between the parties, the child shall live with the parties as follows:
(a)during the holidays commencing December 2020 and each alternate year thereafter:
(i)        the first 14 nights with the mother;
(ii)       the next 14 nights with the father;
(iii)      the next 14 nights with the mother;
(iv)      the next 14 nights with the father; and
(v)       the balance of school holidays, if any, with the mother.
(b)During the holidays commencing December 2021 and each alternate year thereafter:
(i)        the first 14 nights with the father;
(ii)       the next 14 nights with the mother;
(iii)      the next 14 nights with the father;
(iv)      the next 14 nights with the mother; and
(v)       the balance of school holidays, if any, with the mother.
(c)In the event either parent seeks to take the child overseas on holiday during the long school holidays, they shall be entitled to extend one of the above periods for a further week (i.e. up to three weeks in a row) with the other parent given the opportunity the following year for an additional week as follows:
(i)during the holidays commencing December 2020, and each alternate year thereafter, the Father shall have the opportunity to take the child overseas, and have an additional seven nights to do so; and
(ii)during the holidays commencing December 2021, and each alternate year thereafter, the mother shall have the opportunity to take the child overseas, and have an additional seven nights to do so.
(d)Regardless of any order above, the child shall spend the last two night of the long summer holidays, prior to the commencement of Term 1, with the mother.
7.Time pursuant to paragraph 3(a) and (b) herein shall resume after each school term and long summer holiday period as if uninterrupted by the holiday period.
Special Occasions
8.Regardless of any other Order, the child shall spend time with the parents on special occasions as follows:
(a)For [a cultural festival], from the conclusion of school (or 3:00pm if a non-school day) the previous day until the commencement of school (or 3.00pm if there is non-school that day) on the day following [the festival] (a total of two nights):
(i)        With the Father in 2020 and each alternate year thereafter; and
(ii)       With the Mother in 2021 and each alternate year thereafter.
(b)For [Lunar New Year] from the conclusion of school (or 3.00pm if a non-school day) one day prior to [Lunar New Year] until the commencement of school (or 3.00pm if there is no school that day) on the day following [Lunar New Year] (a total of two nights):
(i)        With the Father in 2021 and each alternate year thereafter; and
(ii)       With the Mother in 2022 and each alternate year thereafter.
(c)If Mother's Day falls on a day when the child would otherwise spend time with the father pursuant to these Orders, the father's time be suspended from 5.00pm on the day preceding Mother’s Day until the commencement of school (or 10:00am if a non-school day) the day after Mother’s Day.
(d)If Father's Day falls on a day when the child would otherwise spend time with the mother pursuant to these Orders, the father spend time with the child from 5.00pm the day preceding Father's Day until ~~5.00pm on Father's Day~~ the commencement of school (or 10:00 a.m. if a non-school day) the day after Father's Day.
(e)On the child's birthday ([…]), the parent with whom the·child is residing shall make the child available to spend time with the other parent from the conclusion of school until 8:00pm to enable the other parent to enjoy a meal with the child and then return the child to the resident parent. In the event that the child's birthday falls on a weekend then such arrangement shall take place from 3:00pm until 8:00pm.
(f)If the mother's birthday ([…]) ~~or the child's birthday~~ falls on a day when the child would ordinarily be in the care of the father, the mother spend time with the child from the conclusion of school (or 3.00pm if there is no school) until 8:00pm ~~6.00pm on each birthday~~.
(g)If the father's birthday ([…]) ~~or the child's~~ ~~birthday~~ falls on a day when the child would ordinarily be in the care of the mother, the father spend time with the child from the conclusion of school (or 3.00pm if there is no school) until 8:00pm ~~6.00pm on each birthday.~~
(h)At such further or other times as may be agreed from time to time by the mother and father in writing.
Travel
9.Each of the mother and father be permitted to travel overseas with the child for the purpose of holiday but only if the party intending to travel has provided the other party with no less than 28 days written notice ("the notice period") of their intention to travel overseas and supplied:
(a)An itinerary of the proposed trip, including the dates of departure and return to Australia and full particulars of travel (including the airline carrier, flight numbers, flight times and stopover(s));
(b)A photocopy of all airline ~~ticket~~ booking(s) purchased; and
(c)A list of the address(es) and telephone number(s) of all places where the child will be accommodated whilst outside the Commonwealth of Australia.
10.If pursum1t to paragraph 11 9. of these orders either the mother and father intend to travel with the child to a country that is not a Convention Country (as defined in the Family Law (Child Abduction Convention) Regulations 1986 or any like Acts, regulation, convention or law amending or repealing same then in addition to the requirements of paragraph 11 9:
(a)the party proposing to travel with the child provide a surety for their return to Australia of $10,000 ("the surety");
(b)the surety be paid into Clancy & Triado's trust account on or before the 2151 day of the notice period, and thereafter be held in a trustee approved bank account and not diminished or dealt with in any way unless the child is not returned to Australia within 3 days of the scheduled date of her return when Clancy & Triado shall be at liberty to release the surety (including any accumulated interest) for application by the other party towards the costs of procuring the child's return to Australia, including legal costs, disbursements and fares.
(c)subject to sub-paragraph (b), the surety (including any accumulated interest), be otherwise refunded within seven days to the party who provided it upon the child's return to Australia.
(d)nothing in this order is intended to cause the release of the surety to the non-travelling party where the child’s return to Australia is, through no fault or neglect of the travelling party, delayed by airline distribution or unfavourable weather conditions.
11.Neither the mother nor father unreasonably withhold their consent to the other patty travelling overseas with the child.
12The child’s current passport:
(a)       be held by the mother;
(b)be released by the mother to the father no less than 7 10 days before the father intends to travel overseas with the child, provided the father has met the conditions set out in paragraph 9 and 10 (if applicable) above;
(c)delivered to the mother within 2 days of the conclusion of any travel outside Australia undertaken by the father with the child.
13.In case of a family emergency the provisions of paragraphs 9 and 10 ~~11 (a), (b) and (c) and paragraph 12~~ of these orders (if travel is proposed to a country that is not a Convention Country) continue to apply but may be complied with on sho1t notice by the party proposing to travel and, following compliance, the other patty shall respond in writing to such request within two days and, if there is agreement, the Mother shall forthwith thereafter take all necessary steps to authorise the Registrar to release the child's passport pursuant to paragraph 12 of these orders.
14.Each of the mother and father do all such acts and things and sign all such documents as are necessary to renew or replace the child's passport from time to time, at the parties' equal expense, so as to ensure the passport is valid and there is not less than six calendar months before expiry. ~~and any passport so obtained be forthwith delivered up to the Registrar of the Family Court pursuant to the provisions of paragraph 16 of these orders.~~
Other Matters
15.The child continue to attend [P School] u~~ntil the conclusion of grade 6~~ and shall not be enrolled in any other school unless otherwise agreed between the mother and father in writing.
16.The child shall be permitted to telephone either parent at any reasonable time and the child shall be allowed to use her mobile phone for such purpose but for no more than two calls per day, in the event of emergency.
17.The child shall be permitted to text either parent in the morning between the hours of 8.00am and 8.30am (or 9.00am if a non-school day) and in the evening between the hours of 8.00, and 8.30pm and shall be allowed to use her phone for such purpose.
18.Neither parent shall be permitted to record the child's telephone conversations.
19.Changeover shall occur as follows:
(a)On school days, the child shall be delivered to school by the parent whose care she was in and collected from school by the receiving parent;
(b)On non-school days (including school holidays), the child shall be collected from the other parent's residence by the receiving parent.
20.In the event of the child travelling with school, the responsible parent for ensuring her correct attire and equipment will be the parent with whom the child is at that time residing.
21.Each parent be and is hereby at liberty to attend the child's extracurricular schooling events, awards nights, drama nights or other like events to which parents are normally invited to.
22.Each parent (and if necessary the child) shall jointly attend upon a mutually agreed counsellor or psychologist ("the counsellor") for the purpose of non‑reportable counselling to assist the parents from time to time with regard to any issues that may arise on parenting matters and:
(a)In the absence of agreement within 21 days, the parties shall attend upon a counsellor or psychologist as nominated by the independent children's lawyer.
(b)the costs of such counselling shall be borne equally by the parents;
(c)the frequency of, and attendants to, such sessions shall be as recommended by the counsellor after consulting with both parents.
23.Neither parent shall enrol or organise the child to attend any additional extracurricular activities or sporting event which impacts upon the child's time with the other parent without prior written consent of the other unless it is a requirement of the child's school for the child's participation (noting that the child has been and is enrolled in [three extracurricular activities]).
24.The mother and the father each do all acts and things to ensure the child has available to her and wears her uniform at school (as recommended by the school) and for these purposes each promptly return to the other parent any item of clothing worn or carried by the child when she was last collected by them.
25. Each of the mother and father, by themselves, their servants and/or agents be and are hereby restrained from:
(a)       Discussing with the child any Family Court document or order; and/or
(b)Denigrating criticising, insulting or belittling the other parent or any member of the other parent's family or household to the child or within the child's hearing; and/or
(c)Permitting or abiding the child to be within hearing of any other person doing any of the acts specified in sub-paragraphs (a) and (b) of this order.
26.Each party keep the other promptly notified in writing of any significant illness or injury suffered by the child, including particulars of the treating doctor, the diagnosis and prognosis and the treatment prescribed.
27.Each of the mother and father notify the other in writing within 24 hours of any referral of the child to a specialist medical or dental practitioner, paediatrician, physiotherapist, psychologist or like health professional and of appointment(s) made in relation thereto.
28.Each party keep the other party promptly informed in writing of the child’s health insurance particulars (including account number) from time to time and do all acts and things necessary to enable the other party to make claims on the health insurance in respect of expenditure made by them.
29.The mother and father each provide to the other not less than 7 days' prior written notice of any proposed change of their and/or the child's residential address, telephone number or email address and supply precise particulars of the proposed residential address, telephone numbers and email address.
30.That the father pay the mother's costs of and incidental to this application.
31.Such further and other Orders as this Honourable Court deems appropriate.
THE FATHER’S PROPOSALS

The father’s proposals fluctuated right up to the final phases of the trial. In the end, the final iteration of his proposals was in the terms that immediately follow.
1.That all previous orders related to the child [name], born […] 2010 (“the child”) be discharged.
2.That the father, [Mr Gin] and the mother, [Ms Hing], have equal joint shared parental responsibility for the care, welfare and development of the child.
Mother’s time with the child
3.That the child live with the mother as follows:
a.During school term, each alternate week from the conclusion of school Friday until the commencement of school ~~Wednesday~~ Friday, ~~to commence the first school week following the making of these orders~~ as per the existing fortnightly cycle;
b.During term school holidays:
i.Form Term 1 in ~~2020~~ 2024 and each alternate year thereafter, for the first half of such school holidays commencing the conclusion of school, until 1.00pm the midpoint of the said holidays;
ii.From term 1 in ~~2021~~ 2025 and each alternate year thereafter, the second half of such school holidays commencing 1.00pm the midpoint of such holidays, until the commencement of school;
iii.For Term 2 in ~~2020~~ 2024 and each alternate year thereafter, for all school holidays form the conclusion of Term 2 to the commencement of Term 3; and
iv.From Term 3 in ~~2019~~ 2023 and each alternate year thereafter, for all school holidays form the conclusion of Term 3 to the commencement of Term 4.
c.During the long summer school holidays:
i.In ~~2019~~ 2023 and each alternate year thereafter, the second half of such school holidays commencing 1.00pm the midpoint of such holidays and concluding the commencement of school; and
ii.In ~~2020~~ 2024 and each alternate year thereafter, the first half of such school holidays commencing the conclusion Term 4 until 1.00pm the midpoint of such school holidays.
d.For [Lunar New Year] in ~~2020~~ 2024 and each alternate year thereafter should the child not otherwise be in the mother’s care, from the conclusion of school (or 3.00pm if a non-school day) one day prior to [Lunar New Year], until the commencement of school (or 3:00pm if a non-school day) on the day following [Lunar New Year] (a total of two nights);
e.For [a cultural festival] in ~~2019~~ 2023 and each alternate year thereafter should the child not otherwise be in the mother’s care, commencing at the conclusion of school on the previous day (or 3.00pm if a non-school day), until the commencement of school on the day following the festival (or 3.00pm if a non-school day) for a total of two nights;
f.For Mother’s Day should such day fall at a time the mother not otherwise enjoy time with the child form 5:00pm the day preceding Mother’s Day until the commencement of school, or 10.00am if a non-school day , following Mother’s Day; and
g.On the mother’s birthday and maternal half-siblings of the child’s birthday should the child not otherwise be in the mother’s care:
i.If falling on a non-school day, as agreed, save agreement, from 10.00am to 3.00pm; and
ii.If falling on a school day, as agreed, save agreement from the conclusion of school until commencement of school the following day or 10.00am if a non-school day.
h.For the child’s birthday, if not otherwise enjoying time with the child pursuant to these orders, as agreed, failing agreement:
i.If a non-school day, from 10.00am to 3.00pm;
ii.If falling on a school day, from the conclusion of school to 6.00pm.
Father’s time with the child
4.That the child ~~otherwise~~ live with the father as follows:
a.During school term, each alternate week from the conclusion of school Friday until the commencement of school Friday, as per the existing fortnightly cycle;
b.During term school holidays:
i.Form Term 1 in 2025 and each alternate year thereafter, for the first half of such school holidays commencing the conclusion of school, until 1.00pm the midpoint of the said holidays;
ii.Form Term 1 in 2024 and each alternate year thereafter, the second half of such school holidays commencing 1.00pm the midpoint of such holidays, until the commencement of school;
iii.For Term 2 in 2025 and each alternate year thereafter, for all school holidays from the conclusion of Term 2 to the commencement of Term 3; and
iv.Form Term 3 in 2024 and each alternate year thereafter, for all school holidays from the conclusion of Term 3 to the commencement of Term 4.
c.During the long summer school holidays:
i.In 2023 and each alternate year thereafter, the first half of such school holidays commencing the conclusion of Term 4 until 1:00pm the midpoint of such school holidays.
ii.In 2024 and each alternate year thereafter, the second half of such school holidays commencing 1.00pm the midpoint of such holidays and concluding the commencement of school; and
d.For [Lunar New Year] in 2021 2025 and each alternate year thereafter should the child not otherwise be in the father’s care, from the conclusion of school (or 3.00pm if a non-school day) one day prior to [Lunar New Year], until the commencement of school (or 3:00pm if a non-school day) on the day following [Lunar New Year] (a total of two nights);
e.For [a cultural festival] in ~~2020~~ 2024 and each alternate year thereafter should the child not otherwise be in the father’s care, commencing at the conclusion of school on the previous day (or 3.00pm if a non-school day), until the commencement of school on the day following the festival (or 3.00pm if a non-school day) for a total of two nights.
f.For Father’s Day should such day fall at a time the father not otherwise enjoy time with the child from 5.00pm the day preceding Father’s Day until the commencement of school, or 10.00am if a non-school day, following Father’s Day; and
g.On the father’s birthday and paternal half-siblings of the child’s birthday should the child not otherwise be in the father’s care:
i.If falling on a non-school day, as agreed, save agreement, from 10.00am to 3.00pm; and
ii.If falling on a school day, as agreed, save agreement from the conclusion of school until commencement of school the following day or 10.00am if a non-school day.
h.For the child’s birthday, if not otherwise enjoying time with the child pursuant to these orders, as agreed, failing agreement:
i.If falling on a school day, from the conclusion of school to 6.00pm.
ii.If falling a non-school day, from 10.00am to 3.00pm;
Telephone/Facetime
5.That both the father and mother allow the child to telephone and/or Facetime the other parents whilst in their respective care at any time the child reasonably requests wishes to do so.
Changeover
6.Changeover of the child not otherwise occurring at the child’s school be as follows:
a.~~McDonalds Restaurant [Suburb U]; and~~ At the home of the parent commencing time with the child; and
b.That no person accompany the father and the mother at changeover or undertake changeover on their behalf, save in an emergency or as otherwise advised and agreed to in writing no less than 24 2 hours before such proposed changeover.
Travel and passport
7.That the father and mother be permitted to travel overseas with the child for the purpose of holidays upon such party providing to the other no less than 28 14 days written notice of the same and supplying the following information:
a.An itinerary of the proposed trip, including dates of departure and return to Australia, together with full particulars of travel (including the airline carrier, flight numbers, flight times, and stop overs);
b.A photocopy of all airline tickets purchased; and
c.A list of the addresses and telephone numbers of all places where the child will be accommodated during such travel.
8.That the child’s passport be held by the parent with whom the child last travelled internationally. A copy of the child’s passport or renewed passport as the case may be, be provided to the other parent within 48 hours of such passport being in the possession of either parent.
9.That the parent holding the child’s passport release the child’s passport to the other parent no less than seven (14) days before the other parent intends to travel with the child overseas, provided that the travelling parent has met the conditions set out in paragraph 8 herein. Neither parent shall unreasonably deny a request for the release of the passport earlier than seven (14) days if a visa application or passport renewal is required.
10.In the event of a family emergency, the provisions of paragraph 8(a)-(c) continue to apply but may be complied with on short notice by the party proposing to travel and following compliance, the other party respond in writing to such request within two (2) days. ~~In the event the father is the parent proposing such travel, then the mother forthwith provide to the father the child’s passport~~. In such instance, the parent holding the passport shall forthwith provide the other parent with the child’s passport.
11.Each of the father and mother do all acts and things and sign all such documents necessary to renew or replace the child’s passport from time to time so as to ensure the passport is valid and there is no less than six (6) calendar months before expiry, with any passport so obtained to be held by the mother and a copy provide to the father as per paragraph 9 herein.
Schooling matters
12.That the child continues to attend [P School] until the conclusion of Grade 12 unless otherwise agreed between the father and the mother in writing.
13.That both the father and mother do all things to ensure the at changeover is provided with all required school uniform, sporting uniforms, extra curricular uniforms and equipment for use by the child with the other parent in that week. That for this purpose, should any item required by the child not be provided that should otherwise been provided, that upon notification from the other parent, that such parent forthwith deliver the item to that parent’s residential address who has the care of the child.
14.That the mother continue to be at liberty to take the child to [Country Q language school] on Saturday morning whilst the child is in her care, save that neither parent otherwise engage the child in any extra curricular activity, family or social events or sporting event which impedes upon that other parents time with the child without having first gained their written consent.
15.That each of the father and mother comply with any recommendations of the child’s school as to recommended assistance for the child’s education and other social developments.
16.That either parent be at liberty to attend the child’s extra curricular schooling events, awards nights, drama nights or other like events with the parent not otherwise enjoying time pursuant to these orders ensuring that the child stays primarily with the parent otherwise enjoying time with the child pursuant to these orders.
17.That save for a special event, special meeting or delivery and/or collection of the child, that both parents refrain from attending the child’s school when it is the other parent’s time with the child pursuant to these orders, including both before, during and after school unless the written consent of the other parent is first gained.
Further Specific Issue Orders
18.Each of the father and mother, by themselves, their servants and/or agents be and are hereby restrained from:
a.Discussing with the child any family law court documents or orders; and/or
b.Denigrating, criticising, insulting or belittling the other parent or any member of the other parent’s family or household to the child or within the child’s hearing; and/or
c.Permitting or abiding the child to be within hearing of any other person during any of the acts specified in sub-paragraph 18 (a) and (b) herein.
19.The mother by herself, her servants and/or agents:
a.Not permit or abide the child be known or addressed by any other surname other than “[Gin]”; and/or
b.Encourage, permit and/or abide the child referring to any person other than the father as her paternal parent, including (but not limited to) “Father”, “Dad”, “daddy” in any language or dialect, and for this purpose, the mother strictly be retrained from referring to her husband as “Daddy”, “Father”, or “Dad” or any like paternal references in any language or dialect nor permit any other person to do so when talking to the child; and/or
c.Correct the child if she refers to any person other than the father as her paternal parent.
20.Each party keep the other promptly notified in writing of any significant illness or injury suffered by the child, including particulars of the treating doctor, the diagnosis and prognosis and the treatment proscribed, including the provision between each parent of any necessary medication or medical device to assist the child.
21.Except in an emergency, both parties ensure the child only attends upon:
a.[R Medical Centre, S Street, Suburb U] for medical advice and/or treatment;
b.[Dr Z], Dentist of “[AA Dental Clinic]”, [BB Street, Suburb CC] for dental treatment; and Such other specialist, general practitioner and/or dentist as may be agreed from time to time by the father and mother in writing OR to which the child may be referred by the said clinic or [Dr Z].
22.That both the father and mother:
a.continue to follow all reasonable requests for the child to receive ongoing assistance from ~~[Dr DD~~ Ms EE] or such other persons as reasonably proposed or agreed between them from time to time with the costs of such assistance being shared between them; and
b.That both the father and mother individually and jointly attend upon [Ms FF] at times, frequency and for durations as recommended by [Ms FF] for the purpose of co-parenting counselling, co-parenting coordination and assisting the parties to adapt to parenting arrangements set out in these orders, and such counselling from [Ms FF] are reportable.
23.Each of the father and mother notify the other in writing within 24 hours of any referral of the child to a specialist medical or dental practitioner, paediatrician, physiotherapist, psychologist or like health professional and of appointment(s) made in relation thereto.
24.Each party keep the other party promptly informed in writing of the child’s health insurance particulars (including account number) from time to time and do all acts and things necessary to enable the other party to make claims on her health insurance in respect of expenditure made by them, including the provision by the mother to the father of a card for the benefit of the child.
25.The father and the mother each provide to the other, not less than seven (7) days prior, written notice of any proposed change of their and/or the child’s residential address, telephone number or email address and supply previse particulars of the proposed residential address, telephone number and email address.
26.That the mother be responsible for the father’s costs of and incidental to this application.
27.Before initiating any further family law litigation regarding the parenting arrangements in relation to the child, the mother and/or the father shall first obtaining a report from [Ms FF] and;
a.such report shall include details of each parent’s willingness, attitude, and conduct with respect to cooperative co-parenting and promoting the meaningful relationship between the child and the other parent and the healthy relationship between the child and her half-siblings;
b.such report may be requested by either parent by notifying [Ms FF] and the other parent in writing and the cost shall be shared between the mother and father equally;
c.a copy of the report shall be first supplied to both the mother and father at least one month before any pre-action procedure is commenced; and
d.If dispute resolution failed to resolve parenting matters, a copy of each report made by [Ms FF] shall be exhibited in the affidavit that accompanies any Initiating Application.
28.Any further orders deemed appropriate by this Honourable Court.
MOST RECENT CONSENT PARENTING ORDERS
The arrangements under which the parties have been most recently operating on parenting issues were reposed in consent orders made on 6 February 2018. Those consent orders provided as follows –
1.Order 2 and 3 of the Orders made by this Honourable Court on 18 December 2014 and Order 1(c) of the Orders made 1 November 2017 be, and are hereby, discharged.
2. The child, born […] 2010, live as follows during school terms:
(a) With the Husband until after school (or 3.30pm) on Thursday 8 February 2018;
(b)With the Wife until after school (or 3.30pm) on Friday 16 February 2018; and
(c)Thereafter with the Husband for 6 days and nights, concluding on the following Thursday and with the Wife for 8 days and nights, concluding on the Friday.
3. The child shall communicate by Facetime (or other equivalent audio-visual medium) with the other parent at 7.00pm each Tuesday.
PARENTAL RESPONSIBILITY
The mother sought orders that she should have sole parental responsibility for the child.
The father sought an order for equal shared parental responsibility.
Shared parental responsibility was ordered by consent on 26 November 2014. Pursuant to those orders made 26 November 2014, the child has lived with the mother and separately with the father according to a complicated regime set out in those orders. The regime by which the child lived with each parent was varied by orders made on 18 December 2014. By consent, on 6 February 2018 a senior registrar of (what was then) the Family Court of Australia made consent orders by which the child lived with the mother for eight days a fortnight and the father for six days a fortnight.
An order for the appointment of the Independent Children’s Lawyer was made on 19 April 2018. The proceeding was ordered to be tried by me pursuant to orders made on 5 April 2019, such trial to commence on 26 August 2019 on an estimated duration of four days. The trial ran for 31 days.
When the trial commenced, pursuant to consent orders made on 26 November 2019, each parent agreed that each had equal shared parental responsibility for the child. At the commencement of the trial, the then most current iteration of the child’s live-with arrangements with each parent was the 8-days-a-fortnight (in the mother’s favour) regime reposed in the 6 February 2018 orders made by the senior registrar.
In his amended response filed 4 July 2023, that is to say on the second last day of a 31 day parenting trial, the father asserted that he wanted an order for equal shared parental responsibility for the child.
Senior Counsel for the mother submitted that an order for her to have sole parental responsibility for the child was in the child’s best interests. In support of the mother’s application for sole parental responsibility, Dr N expressed the view in August 2019 that she had no confidence the father was capable of coparenting or taking a cooperative approach towards the child’s care. Dr N agreed with Dr GG’s opinion (expressed in 2018) that the father struggled in the role of father and that the father provided indications of some conspiratorial thinking and that the father had a certain fixed view of the mother.
Dr N strongly recommended that the mother have sole parental responsibility for the child as a means of protecting the child from further conflict between the parents.

In her 20 July 2020 report, Dr N stated that the father is intense and highly competitive with the mother, focused on this litigation and on prioritising the attainment of an advantage over the mother. Dr N reported that some of the father’s thoughts and beliefs revealed an intense preoccupation with the mother that sometimes bore a flavour of paranoia or conspiratorial thinking. That view was consistent with the view expressed by Dr GG in Dr GG’s 29 January 2018 report.
The father chose to cross-examine Dr N over a substantial period of days. He encountered very significant resistance to questions put by him.
Perfectly properly, Dr N frequently had trouble answering the father’s questions by reason of the wording in which the question was formulated. On a large number of occasions, I was required to rule on the form of the question asked by the father. In my view, Dr N genuinely attempted to answer each question put to her by the father. However, she was hampered by the imprecision with which the father asked many questions. The father endeavoured to establish that Dr N exhibited bias towards the father. On the fifth day of her evidence under the father’s cross examination I ruled that the father was forbidden from any further questioning of Dr N in relation to allegations of bias, providing ex-tempore reasons on 16 February 2023.[1] Eventually he desisted from asserting that Dr N was biased against him.
[1] Gin & Hing (No 6) [2023] FedCFamC1F 68.
Nevertheless, the father opposed the mother’s application for sole parental responsibility contending that –
(a)the parents had enjoyed equal shared parental responsibility since 2018;
(b)the mother had engaged in the alienation of the child from the father since 2018; and
(c)to the extent that the child’s views were relevant, the mother had influenced the child to provide Dr N with information that highlighted how equal shared parental responsibility for the child was unworkable when in truth the child was happy, well adjusted and well cared for in the father’s care.
THE MOTHER’S PROPOSALS – PARENTAL RESPONSIBILITY AND TIME WITH THE CHILD
It is utile to set out the details of the mother’s proposals at the end of the trial for both parental responsibility for the child as well as her conception of the time the child should have with the mother as well with as the father. It was as follows –
1.The Mother have sole parental responsibility for the child of the marriage [name] born […] 2010.
2.The child live with the mother.
3.The child spend time with the father during all school terms each alternate weekend from the conclusion of school on Friday (or 3.30pm if a non-school day) until 5:00pm the following Sunday.
School Holidays
4.The school holiday period shall be defined as commencing at the conclusion of school on the last day of term and concluding at the commencement of school on the first day of the following term with changeovers to occur at 9.00am.
5.During the school term holidays for one half of all school term holidays as agreed, and failing agreement, for the first half with the Father and second half with the Mother in all even numbered years being from the conclusion of school on the last day of term until 4:00pm on the middle day of the holidays (or if there are two middle days, on the earlier of the two), and the first half with the Mother and the second half with the Father in all odd numbered years being from 4:00pm on the middle day of the holidays (or if there are two middle days, the earlier of the two) until 2.00pm on the last day of the school holidays.
6.During the long summer holidays, unless otherwise agreed in writing between the parties, the child shall live with the parties as follows:
(a)During the holidays commencing December 2024 and each alternate year thereafter:
(i)        The first 14 nights with the Mother;
(ii)       The next 14 nights with the Father;
(iii)The balance of the school holidays divided equally between the Mother and the Father with the child to spend the first half with the Mother and the second half with the Father; and
(iv)In the event the holidays exceed 8 weeks, then any further nights, prior to the commencement of Term 1, shall be with the Mother.
(b)During the holiday’s commencing December 2023 and each alternate year thereafter:
(i)        The first 14 nights with the Father;
(ii)       The next 14 nights with the Mother;
(iii) The balance of the school holidays (up to 28 Nights) divided equally between the Mother and Father with the child to spend the first half with the Father and the second half with the Mother; and
(iv) In the event the holidays exceeds 8 weeks, then any further nights, prior to the commencement of Term 1, shall be with the Mother.
7.In the event either parent seeks to take the child overseas on holiday during the long school holidays, they shall be entitled to extend one of the above periods for a further week (i.e. up to three weeks in a row) with the other parent given the opportunity the following year for an additional week as follows:
(i) During the holidays commencing December 2024, and each alternate year thereafter, the Mother shall have the opportunity to take the child overseas, and have an additional seven nights to do so; and
(ii)During the holidays commencing December 2023, and each alternate year thereafter, the father shall have the opportunity to take the child overseas, and have an additional seven nights to do so.
(b)Regardless of any Order above, the child shall spend the last two nights of the long summer holidays, prior to the commencement of Term 1, with the Mother.
8.Time pursuant to paragraph 3(a) and (b) herein shall resume after each school term and long summer holiday period as if uninterrupted by the holiday period.
Special Occasions
9. Regardless of any other Order, the child shall spend time with the parents on special occasions as follows:
(a)For [a cultural festival], from the conclusion of school (or 3:00pm if a non-school day) the previous day until the commencement of school (or 3:00pm if there is no school that day) on the day following [the festival] (a total of two nights):
(i)With the Father in 2024 and each alternate year thereafter; and
(ii)With the Mother in 2023 and each alternate year thereafter.
(b)For [Lunar New Year] from the conclusion of school (or 3:00pm. if a non-school day) one day prior to [Lunar New Year] until the commencement of school (or 3.00pm if there is no school that day) on the day following [Lunar New Year] (a total of two nights):
(i)        With the father in 2023 and each alternate year thereafter; and
(ii)       With the Mother in 2024 and each alternate year thereafter.
(c)If Mother’s Day falls on a day when the child would otherwise spend time with the father pursuant to these Orders, the father’s time be suspended from 5.00pm on the day preceding Mother’s Day until the commencement of school (or 10:00 am if a non-school day) the day after Mother’s day.
(d)If Father’s Day falls on a day when the child would otherwise spend time with the mother pursuant to these Orders, the father spend time with the child from 5.00pm the day preceding Father’s Day until the commencement of school (or 10:00am if a non-school day) the day after Father’s day.
(e)On the child’s birthday ([…]), the parent with whom the parent is residing shall make the child available to spend time with the other parent from the conclusion of school until 8:00p.m. to enable the other parent to enjoy a meal with the child and then return the child to the resident parent. In the event that the child’s birthday falls on a weekend then such arrangement shall take place from 3:00p.m. until 8:00 p.m.
(f)If the mother’s birthday ([…]) falls on a day when the child would ordinarily be in the care of the father, the mother spend time with the child from the conclusion of school (or 3.00pm if there is no school) until 8:00p.m.
(g)If the father’s ([…]) falls on a day when the child would ordinarily be in the care of the mother, the father spend time with the child from the conclusion of school (or 3:00pm if there is no school) until 8:00p.m.
(h)At such further or other times as may be agreed from time to time by the Mother and Father in writing.
Travel
10.Each of the mother and father be permitted to travel overseas with the child for the purpose of holiday but only if the party intending to travel has provided the other party with no less than 28 days written notice (“the notice period”) of their intention to travel overseas and supplied:
(a)An itinerary of the proposed trip, including the dates of departure and return to Australia and full particulars of travel (including the airline carrier, flight numbers, flight times and stopover(s));
(b)A photocopy of all airline booking(s) purchased; and
(c)A list of the address(es) and telephone number(s) of all places where the child will be accommodated whilst outside the Commonwealth of Australia.
11.If pursuant to paragraph 10 of these Orders either the mother and father intend to travel with the child to a country that is not a Convention Country (as defined in the Family Law (Child Abduction Convention) Regulations 1986 or any like Acts, regulation, convention or law amending or repealing same then in addition to the requirements of paragraph 10:
(a)The party proposing to travel with the child provide a surety for their return to Australia of $10,000 (“the surety”);
(b)The surety be paid into Clancy & Triado’s trust account on or before the 21^st day of the notice period, and thereafter be held in a trustee approved bank account and not diminished or dealt with in any way unless the child is not returned to Australia within 3 days of the scheduled date of her return when Clancy & Triado shall be at liberty to release the surety (including any accumulated interest) for application by the other party towards the costs of procuring the child’s return to Australia, including legal costs, disbursements and fares.
(c)Subject to sub-paragraph (b), the surety (including any accumulated interest), be otherwise refunded within seven days to the party who provided it upon the child’s return to Australia.
(d) Nothing in this Order is intended to cause the release of the surety to the non-travelling party where the child’s return to Australia is, through no fault or neglect of the travelling party, delayed by airline disruption or unfavourable weather conditions.
12.Neither the mother nor father unreasonably withhold their consent to the other party travelling overseas with the child.
13.The child’s current passport:
(a)       Be held by the mother.
(b)Be released by the mother to the father no less than 10 days before the father intends to travel overseas with the child, provided the father has met the conditions set out in paragraph 9 and 10 (if applicable) above.
(c)Delivered to the mother within 2 days of the conclusion of any travel outside Australia undertaken by the father with the child.
14. In case of a family emergency the provisions in paragraphs 10 and 11 of these orders (if travel is proposed to a country that is not a Convention Country) continue to apply but may be complied with on short notice by the party proposing to travel and, following compliance, the other party shall respond in writing to such request within two days and, if there is agreement, the mother shall forthwith thereafter take all necessary steps to release the child’s passport pursuant to paragraph 12-of these orders.
15.Each of the mother and father do all such acts and things and sign all such documents as are necessary to renew or replace the child’s passport from time to time, at the parties’ equal expense, so as to ensure that the passport is valid and there is not less than six calendar months before expiry.
Other Matters
16.The child continue to attend [P School] and shall not be enrolled in any other school unless otherwise agreed between the mother and father in writing.
17.The Mother shall be the only provider of a single mobile phone for the child with the Mother to meet all costs associated therewith and the mobile phone to remain in the possession of the child.
18.The child shall be permitted to telephone either parent at any reasonable time and the child shall be allowed to use her mobile phone for such purpose but for no more than two calls per day, save in the event of emergency.
19.The child shall be permitted to text either parent in the morning between the hours of 8:00a.m. and 8:30a.m. (or 9:00a.m. to 9:30a.m. if a non-school day) and in the evening between the hours of 8:00p.m and 8:30p.m and shall be allowed to use her mobile phone for such purpose.
20.Neither parent shall be permitted to record the child’s telephone conversations and/or personal conversations with either parent or any other person.
21.Changeover shall occur as follows:
(a)On school days, the child shall be delivered to school by the parent whose care she was in and collected from school by the receiving parent.
(b)On non-school days (including school holidays), the child shall be collected from the other parent’s residence by the receiving parent.
22.In the event of the child travelling with school, the responsible parent for ensuring her correct attire and equipment will be the parent with whom the child is at that time residing.
23.Each parent be and is hereby at liberty to attend the child’s extracurricular schooling events, awards nights, drama nights or other like events to which parents are normally invited to.
24.The child shall attend upon a mutually agreed counsellor or psychologist (“the counsellor”) for the purpose of non-reportable counselling to assist the child from time to time with regard to any issues that may arise, and:
(a)In the absence of agreement between the parents within 7 days, the child shall attend upon a counsellor or psychologist as nominated by the Mother.
(b)       the costs of such counselling shall be borne equally by the parents;
(c)the frequency of, and attendants to, such sessions shall be as recommended by the counsellor after consulting with the child.
25.Neither parent shall enrol of organise the child to attend any additional extracurricular activities or sporting event which impacts upon the child’s time with the other parent without prior written consent of the other unless it is a requirement of the child’s school for the child’s participation (noting that the child has been and is enrolled in [three extracurricular activities]).
26.The mother and father each do all acts and things to ensure the child has all available to her and wears her uniform at school (as recommended by the school) and for these purposes each promptly return to the other parent any item of clothing worn or carried by the child when she was last collected by them.
27.Each party keep the other promptly notified in writing of any significant illness or injury suffered by the child, including particulars of the treating doctor, the diagnosis and prognosis and the treatment prescribed.
28.Except in an emergency, both parties shall ensure the child only attends upon:
(a)[R Medical Centre] ([S Street, Suburb U]) or [V Medical Centre], ([W Street, Suburb Y]) (“the Clinics”) for medical advice and/or treatment;
(b)[Dr Z], of [AA Dental Clinic] ([BB Street, Suburb CC]) for dental treatment; and
(c)such other specialist, general practitioner and/or dentist as may be agreed from time to time by the Mother and Father in writing and, in the absence of agreement within 7 days, as determined by the Mother OR to which the child may be referred by the said Clinics of [Dr Z].
29.The mother and father shall notify the other in writing in the case of an emergency, within 24 hours of any referral of the child to a specialist medical or dental practitioner, paediatrician and of appointment(s) made in relation thereto.
30.Each party keep the other party promptly informed in writing of the child’s health insurance particulars (including accounts number) from time to time and do all acts and things necessary to enable the other party to make claims on the health insurance in respect of expenditure made by them.
31.The mother and father each provide to the other not less than 7 days’ prior written notice of any proposed change of their and/or the child’s residential address, telephone number or email address and supply precise particulars of the proposed residential address, telephone numbers and email address.
32.In the event either parent is not fully vaccinated against Covid-19, that parent shall forthwith make all necessary arrangements to receive the Covid-19 vaccination/s. Should such vaccinations not be attended to within 14 days of this order, all holiday time be suspended pending evidence that such vaccination has occurred. Each party shall forthwith advise the other if other members of their household over the age of 12 have not been vaccinated.
33.The Mother and Father shall to all things necessary to comply with and follow government restrictions relating to the spread of Covid-19.
THE FATHER’S PROPOSALS – PARENTAL RESPONSIBILITY AND TIME WITH THE CHILD
In his amended response filed 19 June 2023 to the mother’s initiating application the father recorded his conceptions of the orders that should be made in respect of parental responsibility for and time with the child. The father’s proposals were as follows –
~~1.That the final orders made by consent dated 26 November 2014 and final orders made by Justice Johns dated 18 December 2014 remain in full force and effect.~~
~~2.That neither parent take the child to attend upon a psychologist and/or psychiatrist without the written consent of both parents.~~
~~3.        That the Wife’s application filed on 2 October 2017 be dismissed.~~
~~4.        Other orders as this Honourable Court deems appropriate.~~
~~5.        That the Wife pay the Husband’s costs on an indemnity basis.~~
1.That all previous orders related to the child, the child, born […] 2010 (“the child”) be discharged.
2.That the father, [Mr Gin] and the mother, [Ms Hing]
3.That the child live with the mother as follows:
a.During school term, each alternate week from the conclusion of school Friday until the commencement of school ~~Wednesday~~ Friday, ~~to commence the first school week following the making of these orders~~ as per the existing fortnightly cycle;
b.        During term school holidays:
i.Form Term 1 in ~~2020~~ 2024 and each alternate year thereafter, for the first half of such school holidays commencing the conclusion of school, until 1.00pm the midpoint of the said holidays;
ii.Form Term 1 in ~~2021~~ 2025 and each alternate year thereafter, the second half of such school holidays commencing 1.00pm the midpoint of such holidays, until the commencement of school;
iii.For Term 2 in ~~2020~~ 2024 and each alternate year thereafter, for all school holidays from the conclusion of Term 2 to the commencement of Term 3; and
iv.Form Term 3 in ~~2019~~ 2023 and each alternate year thereafter, for all school holidays from the conclusion of Term 3 to the commencement of Term 4.
c.        During the long summer school holidays:
i.In ~~2019~~ 2023 and each alternate year thereafter, the second half of such school holidays commencing 1.00pm the midpoint of such holidays and concluding the commencement of school; and
ii. In ~~2020~~ 2024 and each alternate year thereafter, the first half of such school holidays commencing the conclusion of Term 4 until 1:00pm the midpoint of such school holidays.
d.For [Lunar New Year] in ~~2020~~ 2024 and each alternate year thereafter should the child not otherwise be in the mother’s care, from the conclusion of school (or 3.00pm if a non-school day) one day prior to [Lunar New Year], until the commencement of school (or 3:00pm if a non-school day) on the day following [Lunar New Year] (a total of two nights);
e.For [a cultural festival] in ~~2019~~ 2023 and each alternate year thereafter should the child not otherwise be in the mother’s care, commencing at the conclusion of school on the previous day (or 3.00pm if a non-school day), until the commencement of school on the day following the festival (or 3.00pm if a non-school day) for a total of two nights;
f.For Mother’s Day should such day fall at a time the mother not otherwise enjoy time with the child from 5.00pm the day preceding Mother’s Day until the commencement of school, or 10.00am if a non-school day, following Mother’s Day; and
g.On the mother’s birthday and maternal half-siblings of the child’s birthday should the child not otherwise be in the mother’s care:
i.If falling on a non-school day, as agreed, save agreement, from 10.00am to 3.00pm; and
ii.If falling on a school day, as agreed, save agreement from the conclusion of school until commencement of school the following day or 10.00am if a non-school day.
h.For the child’s birthday, if not otherwise enjoying time with the child pursuant to these orders, as agreed, failing agreement:
i.        If a non-school day, from 10.00am to 3.00pm;
ii.If falling on a school day, from the conclusion of school to 6.000pm.
Father’s time with the child
4.        That the child ~~otherwise~~ live with the father as follows:
a.During school term, each alternate week from the conclusion of school Friday until the commencement of school Friday, as per the existing fortnightly cycle;
b.        During term school holidays:
i.Form Term 1 in 2025 and each alternate year thereafter, for the first half of such school holidays commencing the conclusion of school, until 1.00pm the midpoint of the said holidays;
ii.Form Term 1 in 2024 and each alternate year thereafter, the second half of such school holidays commencing 1.00pm the midpoint of such holidays, until the commencement of school;
iii.For Term 2 in 2025 and each alternate year thereafter, for all school holidays from the conclusion of Term 2 to the commencement of Term 3; and
iv.Form Term 3 in 2024 and each alternate year thereafter, for all school holidays from the conclusion of Term 3 to the commencement of Term 4.
c.        During the long summer school holidays:
i.In 2023 and each alternate year thereafter, the first half of such school holidays commencing the conclusion of Term 4 until 1:00pm the midpoint of such school holidays.
ii.In 2024 and each alternate year thereafter, the second half of such school holidays commencing 1.00pm the midpoint of such holidays and concluding the commencement of school; and
a d.      For [Lunar New Year] in ~~2021~~ 2025 and each alternate year thereafter should the child not otherwise be in the father’s care, from the conclusion of school (or 3.00pm if a non-school day) one day prior to [Lunar New Year], until the commencement of school (or 3:00pm if a non-school day) on the day following [Lunar New Year] (a total of two nights);
b e.      For [a cultural festival] in ~~2020~~ 2024 and each alternate year thereafter should the child not otherwise be in the father’s care, commencing at the conclusion of school on the previous day (or 3.00pm if a non-school day), until the commencement of school on the day following the festival (or 3.00pm if a non-school day) for a total of two nights.
c f.      For Father’s Day should such day fall at a time the father not otherwise enjoy time with the child from 5.00pm the day preceding Father’s Day until the commencement of school, or 10.00am if a non-school day, following Father’s Day; and
dg.      On the father’s birthday and paternal half-siblings of the child’s birthday should the child not otherwise be in the father’s care:
i.If falling on a non-school day, as agreed, save agreement, from 10.00am to 3.00pm; and
ii.If falling on a school day, as agreed, save agreement from the conclusion of school until commencement of school the following day or 10.00am if a non-school day.
e h.      For the child’s birthday, if not otherwise enjoying time with the child pursuant to these orders, as agreed, failing agreement:
i.If falling on a school day, from the conclusion of school to 6.000pm.
ii.If falling a non-school day, from 10.00am to 3.00pm;
~~5.That the mother’s time with the child pursuant to paragrahs 3a, 3b(i) to (iv) and 3c(i) to (ii) herein, be suspended as follows:~~
a.For [Lunar New Year] in 2021 and each alternate year thereafter, from the conclusion of school (or 3.00pm if a non-school day) one day prior to [Lunar New Year], until the commencement of school (or 3:00pm if a non-school day) on the day following [Lunar New Year] (a total of two nights);
b.For [a cultural festival] in 2020 and each alternate year thereafter, commencing at the conclusion of school on the previous day (or 3.00pm if a non-school day), until the commencement of school on the day following the festival (or 3.00pm if a non-school day) for a total of two nights.
~~c.For Father’s Day, from 5.00pm the day proceeding Father’s Day until the commencement of school, or 10.00am if a non-school day, following Father’s Day;~~
~~d.On the father’s birthday and paternal half-siblings of the child’s birthday should the child not otherwise be in the father’s care:~~
~~i.If falling on a non-school day, as agreed, save agreement, from 10.00am to 3.00pm; and~~
~~ii.If falling on a school day, as agreed, save agreement from the conclusion of school until commencement of school the following day or 10.00am if a non-school day.~~
~~e. For the child’s birthday;~~
~~i. If falling on a school day, from the conclusion of school to 6.000pm; and~~
~~ii.If falling a non-school day, from 10.00am to 3.00pm; Telephone/Facetime;~~
Telephone/Facetime
6.That both the father and mother allow the child to telephone and/or Facetime the other parents whilst in their respective care at any time the child reasonably ~~requests~~ wishes to do so.
Changeover
7. Changeover of the child not otherwise occurring at the child’s school be as follows:
a. ~~McDonalds Restaurant [Suburb U]; and~~ At the home of the parent commencing time with the child; and
b.That no person accompany the father and the mother at changeover or undertake changeover on their behalf, save in an emergency or as otherwise advised and agreed to in writing no less than 24 2 hours before such proposed changeover.
Travel and Passport
8.That the father and mother be permitted to travel overseas with the child for the purpose of holidays upon such party providing to the other no less than 28 14 days written notice of the same and supplying the following information:
a.An itinerary of the proposed trip, including dates of departure and return to Australia, together with full particulars of travel (including the airline carrer, flight numbers, flight times, and stop overs);
b.        A photocopy of all airline tickets purchased; and
c.A list of the addresses and telephone numbers of all places where the child will be accommodated during such travel.
9.That the child’s passport be held by the mother and a copy of such passport, or renewed passport as the case may be, be provided to the father within 48 hours of such passport being held in the mother’s possession.
That the child’s passport be held by the parent with whom the child last travelled internationally. A copy of the child’s passport or renewed passport as the case may be, be provided to the other parent within 48 hours of such passport being in the possession of either parent.
10.That the mother release the child’s passport to the father no less than seven (7) days before the father intends to travel with the child overseas, provided that the father has met the conditions set out in paragraph 8 herein, and at the conclusion of such travel, the father return the child’s passport to the mother within two (2) days.
That the parent holding the child’s passport release the child’s passport to the other parent no less than seven (14) days before the other parent intends to travel with the child overseas, provided that the travelling parent has met the conditions set out in paragraph 8 herein. Neither parent shall unreasonably deny a request for the release of the passport earlier than seven (14) days if a visa application or passport renewal is required.
11. In the event of a family emergency, the provisions of paragraph 8(a)-(c) continue to apply but may be complied with on short notice by the party proposing to travel and following compliance, the other party respond in writing to such request within two (2) days. In the event the father is the parent proposing such travel, then the mother forthwith provide to the father the child’s passport. In such instance, the parent holding the passport shall forthwith provide the other parent with the child’s passport.
12. Each of the father and mother do all acts and things and sign all such documents necessary to renew or replace the child’s passport from time to time so as to ensure the passport is valid and there is no less than six (6) calendar months before expiry, with any passport so obtained to be held by the mother and a copy provide to the father as per paragraph 9 herein.
Schooling Matters
13. That the child continues to attend [P School] until the conclusion of Grade 12 unless otherwise agreed between the father and the mother in writing.
14. That both the father and mother do all things to ensure the at changeover is provided with all required school uniform, sporting uniforms, extra curricular uniforms and equipment for use by the child with the other parent in that week. That for this purpose, should any item required by the child not be provided that should otherwise been provided, that upon notification from the other parent, that such parent forthwith deliver the item ot that parent’s residential address who has the care of the child.
15. That the mother continue to be at liberty to take the child to [Country Q language school] on Saturday morning whilst the child is in her care, save that neither parent otherwise engage the child in any extra curricular activity, family or social events or sporting event which impedes upon that other parents time with the child without having first gained their written consent.
16. That each of the father and mother comply with any recommendations of the child’s school as to recommended assistance for the child’s education and other social developments.
17. That either parent be at liberty to attend the child’s extra curricular schooling events, awards nights, drama nights or other like events with the parent not otherwise enjoying time pursuant to these orders ensuring that the child stays primarily with the parent otherwise enjoying time with the child pursuant to these orders.
18. That save for a special event, special meeting or delivery and/or collection of the child, that both parents refrain from attending the child’s school when it is the other parent’s time with the child pursuant to these orders, including both before, during and after school unless the written consent of the other parent is first gained.
Further Specific Issue Orders
19.Each of the father and mother, by themselves, their servants and/or agents be and are hereby restrained from:
a.Discussing with the child any family law court documents or orders; and/or
b.Denigrating, criticising, insulting or belittling the other parent or any member of the other parent’s family or household to the child or within the child’s hearing; and/or
c.Permitting or abiding the child to be within hearing of any other person during any of the acts specified in sub-paragraph 19 (a) and (b) herein.
20.The mother by herself, her servants and/or agents:
a.Not permit or abide the child be known or addressed by any other surname other than “[Gin]”; and/or
b.Encourage, permit and/or abide the child referring to any person other than the father as her paternal parent, including (but not limited to) “Father”, “Dad”, “daddy” in any language or dialect, and for this purpose, the mother strictly be retrained from referring to her husband as “Daddy”, “Father”, or “Dad” or any like paternal references in any language or dialect nor permit any other person to do so when talking to the child; and/or
c.Correct the child if she refers to any person other than the father as her paternal parent.
21.Each party keep the other promptly notified in writing of any significant illness or injury suffered by the child, including particulars of the treating doctor, the diagnosis and prognosis and the treatment proscribed, including the provision between each parent of any necessary medication or medical device to assist the child.
22.Except in an emergency, both parties ensure the child only attends upon:
a.[R Medical Centre, S Street, Suburb U] for medical advice and/or treatment;
b.[Dr Z], Dentist of “[AA Dental Clinic]”, [BB Street, Suburb CC] for dental treatment; and
c.Such other specialist, general practitioner and/or dentist as may be agreed from time to time by the father and mother in writing OR to which the child may be referred by the said clinic or [Dr Z].
23. That both the father and mother:
a.continue to follow all reasonable requests for the child to receive ongoing assistance from ~~[Dr DD~~ Ms EE] or such other persons as reasonably proposed or agreed between them from time to time with the costs of such assistance being shared between them; and
b.That both the father and mother individually and jointly attend upon [Ms FF] at times, frequency and for durations as recommended by [Ms FF] for the purpose of co-parenting counselling, co-parenting coordination and assisting the parties to adapt to parenting arrangements set out in these orders, and such counselling from [Ms FF] are reportable.
24. Each of the father and mother notify the other in writing within 24 hours of any referral of the child to a specialist medical or dental practitioner, paediatrician, physiotherapist, psychologist or like health professional and of appointment(s) made in relation thereto.
25.Each party keep the other party promptly informed in writing of the child’s health insurance particulars (including account number) from time to time and do all acts and things necessary to enable the other party to make claims on her health insurance in respect of expenditure made by them, including the provision by the mother to the father of a card for the benefit of the child.
26.The father and the mother each provide to the other, not less than seven (7) days prior, written notice of any proposed change of their and/or the child’s residential address, telephone number or email address and supply previse particulars of the proposed residential address, telephone number and email address.
27.That the mother be responsible for the father’s costs of and incidental to this application.
28.Before initiating any further family law litigation regarding the parenting arrangements in relation to the child, the mother and/or the father shall first obtaining a report from [Ms FF] and;
a.such report shall include details of each parent’s willingness, attitude, and conduct with respect to cooperative co-parenting and promoting the meaningful relationship between the child and the other parent and the healthy relationship between the child and her half-siblings;
b.such report may be requested by either parent by notifying [Ms FF] and the other parent in writing and the cost shall be shared between the mother and father equally;
c.a copy of the report shall be first supplied to both the mother and father at least one month before any pre-action procedure is commenced; and
d.If dispute resolution failed to resolve parenting matters, a copy of each report made by [Ms FF] shall be exhibited in the affidavit that accompanies any Initiating Application.
~~29.~~
29. Any further orders deemed appropriate by this Honourable Court.

It must be said that since 2018 the child’s parents have endeavoured to engage in equal shared parental responsibility. While that has worked up to a point, it has failed on occasions. In more than one instance, the father engaged in what I regarded as belligerent behaviour in relation to the simple task of dealing with the child’s medical condition. Rather than doing his best to promote the wellbeing of the child by undertaking whatever medical tasks he could have done, the father engaged in pedantic point scoring with the mother over the need for the child’s condition to be treated in a particular manner. The father is not a medical doctor. He possessed no specialist knowledge to enable him to question the advice offered by medical practitioners for the treatment of the child’s condition. He engaged in conduct that I found thoroughly unhelpful in promoting the child’s best interests. That episode gave me considerable insight into the way the father was willing to spar with the mother rather than doing whatever was required to help his child. Trivial issues such as the colour of a bicycle to be given as a gift for the child became points of difference between the father and the mother. Parents with equal shared parental responsibility should not lock horns on absurdly minor points such as the colour of a gift. Yet throughout the life of the trial I have observed how the father will debate ad infinitum how the mother behaves badly in his view. That is anathema to equal shared parental responsibility.
In my view, the child has no prospect of being free of the father’s unrelenting conflict towards the mother if parental responsibility is shared. In my view Dr N is correct in recommending sole parental responsibility for the child in favour of the mother.
Section 60CC(3)(b) invited an examination of the nature of the child’s relationship with each parent and other persons including grand parents or other relatives of the child. The evidence revealed the involvement of several relatives of the child including –
(a)the mother’s second husband, whose name is Mr D and the child of Mr D and the mother, namely T.
(b)the father’s second wife, whose name is Ms G and the children of the father and Ms G, namely HH and JJ.
(c)the mother’s parents, that is to say the maternal grandparents who featured to a small extent in the evidence.
The evidence revealed that the child is loved and supported by all persons in her extended family. I did not detect any issues as between any of the persons identified in the preceding paragraph and the child. In fact, the child is fortunate to move seamlessly between households, deriving the benefit of affection, support and love from both households.
Section 60CC(3)(c) invited a consideration of the extent to which each parent has taken or failed to take the opportunity to participate in long-term decision making in relation to the child, to spend time with the child and to communicate with the child. Nothing in the evidence suggested either parent was derelict in any of the matters to which this section was directed.
Section 60CC(3)(ca) is concerned with whether each parent has fulfilled or failed to fulfill the parent’s obligations to maintain the child. The child lives in privileged circumstances. She is fortunate enough to have the benefit of expensive international holidays, of expensive private single-sex education at one of Melbourne’s finest private girls’ schools and of ad-hoc gifts. There is no evidence that the child is precocious. Equally, there is no evidence that either parent has been anything but diligent in taking every opportunity to participate in long-term decision making, to spend time with the child or to communicate with the child. The arena of debate in this litigation lays in the relentless struggle between the parents to compete for the child’s affection and for influence over the child. However, that issue goes beyond the matter with which s 60CC(3)(ca) is concerned.
Section 60CC(3)(d) is concerned with the likely effect of any changes in the child’s circumstances including the likely effect on the child of any separation from either parent or other child or person with whom the child is living. This section has no application on the orders proposed by either party as no separation is contemplated by either set of orders.
Section 60CC(3)(e) invited a consideration of the practical difficulty and expense of the child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with both parents on a regular basis. The orders proposed address issues that do not enliven a consideration of the matters expressly made relevant by this section. In my view, the issues raised in this section are not applicable to the facts of this case.
Section 60CC(3)(f) invited a consideration of the capacity of each parent and other persons (including grandparents) to provide for the needs of the child including emotional and intellectual needs. In addressing the issues raised by this section, several persons are separately relevant.
It is necessary to take the mother first. The evidence disclosed that the mother has for the life of the child provided for the child’s emotional needs. The mother is protective towards the child. There was little evidence of the mother providing for the intellectual needs of the child. Whether the mother reads or writes in the English language was not explored in the evidence. She gave evidence through an interpreter. The child’s intellectual needs seem to be met by the child’s school. The mother has promoted the child’s interest in extracurricular activities. The father asserted in this case that the mother manipulated the child’s emotions. He focused on the manner in which the father was not called “dad”, “daddy” or “father” by the child but rather by his full given names. The father relied heavily in this case on the mother’s inability to adequately provide for the child’s emotional needs. The child is in her teenage years. It is likely that her emotional influences will change in the time between now and her 18^th birthday. There is no doubt on the evidence that in respect of the child’s needs that are not intellectual or emotional, the mother is providing for these needs perfectly adequately.
So far as the father was concerned, no issue was raised about his providing for the child’s needs intellectually. However, Dr N expressed strong observations about the impact the father’s attitude towards the mother bore upon the child’s emotional fabric. That has been addressed above. I repeat my reasons on that issue in the context of s 60CC(3)(f) of the Family Law Act. The father’s unremitting criticisms of the mother in relation to his view that the mother manipulates the child tells of the father’s reduced ability to provide for the emotional needs of the child. Even in the dying days of the trial of this proceeding the father interrogated Dr N at length, often repetitively on this issue and would not accept Dr N’s evidence that Dr N regarded the father’s competitive approach as being damaging to the child.
The evidence did not reveal anything adverse in respect of the mother’s current husband Mr D nor in respect of the father’s current wife Ms G in relation to their provision for the intellectual and emotional needs of the child.
Section 60CC(3)(g) invited investigation into the maturity, sex, lifestyle and background of the child, her parents and any other characteristic the court considers relevant. The child is female, a teenager, mature (according to Dr N) and of Country Q heritage. She has attended Country Q language school on weekends over the years and observes Country Q festive occasions. The evidence about the lifestyle and background in relation to child’s parents reveals that each was born in Country Q, although where each received her and his secondary and tertiary education was not developed. Likewise, those details in relation to the wife’s husband Mr D were scarce as were those details in relation to the father’s wife Ms G. That said, it may be fairly stated that the child is of Country Q heritage and she is being raised in an environment in which Country Q and Australian influences are important to her.
Section 60CC(3)(h) is not relevant as the child is not Aboriginal nor is she from the Torres Strait Islands.
Section 60CC(3)(i) invited an assessment of each parent’s attitude to the child and to the responsibilities of parenthood. Each appeared focused on raising his and her children that is to say, the child and their children from the second marriage of each. So far as the father’s and mother’s attitude to the child was concerned, the evidence revealed that each was deeply attached to the child. A great deal was made in this case of an incident when the child (while in the father’s care) was presented at the child’s school appearing less well dressed than the mother may have presented the child. Similarly, a great deal was made in this case of an incident when the child (while in the father’s case) was sent to school carrying a packed lunch that was less than satisfactory according to the mother’s thinking. Taken in isolation those events may have reflected on less-than-ideal forward planning by the father. But neither episode told me that the father exhibited a derelict attitude towards the child. Equally, neither episode disclosed to me that the father exhibited responsibilities to parenthood that were moribund. Both parents displayed valuable attitudes to their responsibilities as parents. The father simply finds it irresistible to engage in competitive behaviour towards the mother.
Sections 60CC(3)(j) and (k) concern an examination of family violence involving the child or a member of the family. The evidence revealed an episode of family violence during a trip in Victoria when the child was very young. The episode occurred several years ago. It involved a verbal altercation. The altercation was filmed on a mobile telephone. No repeat incident has since occurred. The parents are older now, they are more mature, and they have more children with whom to be concerned. Dr N made no observations about subsequent episodes, leading me to construe the evidence of Dr N as amounting to her construct that family violence is not presently an issue in this litigation, even if once it was.
Section 60CC(3)(l) invites the court to consider whether it would be preferable to make the orders that would be least likely to lead to the institution of further proceedings in relation to the child. Irrespective of the orders make I this case, I entertain no expectation or even possibility that the war between the child’s parents will abate. The hostility between the parents is entrenched. They have fought for the life of the child on issues concerning the child. Courts have limited scope to alter an adult’s thought processes. However, when those thoughts translate into action and reactions that adversely impact a minor, such as the child in this case, the court can only do its best to fashion such orders that it considers will have the effect of reducing the negative impact that a parent’s behaviour has upon her or his child.
Recognising that the mother has applied for an order for sole parental responsibility for the child (that being a “parenting order” within the contemplation of s 60CA of the Family Law Act), the making of such a parenting order is governed by s 60CC(1), (2) and (3). The search is always for the ascertainment of the child’s best interest by application of the primary considerations as well as the additional considerations.
So far as the primary consideration expressed in s 60CC(2)(b) was concerned, I am mandated to protect the child from psychological harm “from being subjected to or exposed to… family violence”. Family violence is a term defined in the widest manner in s 4AB. The word “exposed” in the context of being exposed to family violence is defined by s 4AB(3) which provides that a child is exposed to family violence if the child sees or hears family violence or (relevantly here) experiences the effects of family violence. Among the examples of family violence in s 4AB(2) is subsection (b), namely “repeated derogatory taunts”. As between the father and mother over many years each has provided derogatory taunts. To the extent that the father has engaged in that behaviour, such behaviour in that regard has been heard by the child with the consequence that the child has been therefore exposed to family violence and that s 60CC(2)(b) requires the court to protect the child from psychological harm therefrom. That seems to be another way of saying that the father has engaged in family violence towards the mother, such family violence has been overheard by the child (and the child was thus exposed to it), the child needs protection from being exposed to such family violence and that a parenting order allocating parenting responsibility solely to the mother achieves that end. Dr N endorsed the concept of allocating parental responsibility solely to the mother because only by such an order will the psychological harm occasioned to the child by her parents’ incessant fighting abate.
The father proposed that there be no change in the allocation of parental responsibility, partly because equal shared parental responsibility had been operative as between the parents since 2018 or thereabouts and partly because no valid reason exists to qualify or reduce the input the father should have over major long-term decision making for the child.
It is true that equal shared parental responsibility had been operative since 2018. However, equal shared parental responsibility is premised on a cooperative approach to parenting and not upon a competitive approach to parenting. Dr N has concluded that the father adopts a competitive approach to parenting. She has expressed the opinion that such an approach adversely affects the child. One wonders why the child should continue to be exposed to the consequences of the father’s competitive behaviour towards the mother. Put differently, if the father’s competitive approach to parenting is removed by an order for sole parental responsibility, then that it is likely to beneficially impact upon the child, whether or not the father finds that to be an unpalatable outcome.
It seems readily apparent that the parents are unable to cooperatively parent. Dr N observed that the father distrusts the mother a consequence of which distrust is felt by the child in such manner that it occasions a psychological impact on the child. The removal of the father from parental responsibility will go some way to relieving the psychological impact upon the child of the father’s competitive approach to parenting and the distrust he feels for the mother.
Is it in the best interests of the child to make an order for sole parental responsibility in favour of the mother? In my view the answer is in the affirmative. I make that order.
AN ENGLARGEMENT OF THE FATHER’S TIME
In his last version of the orders he proposed the father sought a week about regime of his time with the child. That represented an increase, albeit to a small extent, in the time he has with the child. The mother opposed any such increase.
As with any parenting order, any determination in relation to each parent’s time with the child is predicated upon a careful analysis of the matters in s 60CC(1), (2) and (3).
The objective evidence bearing upon the child’s time with each parent is reposed in various observations made by Dr N. In Dr N’s 20 July 2020 report (exhibit “ICL 5”), Dr N recorded that the child preferred spending most of her time with the mother. Dr N was careful to examine whether that expression of the child’s preference was genuinely held by the child or whether that expression was influenced by the mother, as the father contended. Dr N was of the view that the child genuinely expressed her own wish to spend most of her time with the mother.
When cross-examining Dr N the father endeavoured to extract Dr N’s assent to the proposition that the child’s wishes, as conveyed to Dr N, were so heavily influenced by the mother that the child’s expressed wishes could not (and should not) be attributed to the child.
I reject that contention.
In my view, the evidence about the child’s preference in spending more time with the mother than with the father should be accorded considerable weight. I do not accept that the evidence revealed that the mother influenced the child into conveying the wish that the child’s preference was for spending more time with the mother than with the father. I do not consider that the father’s suspicions of influence of his daughter by the mother have foundation in fact or have been proved. Dr N expressed the opinion that the child is confident, bright, engaged, she is possessed of an independent style of thinking and has sophisticated social skills. In fact, the opposite to the father’s contentions was borne out by the evidence. Dr N wrote that no indications existed of emotional confusion or disturbance as might be manifested by verbalising choices and preferences that are not her own or that either parents has emotionally manipulated the child.
The father forcefully (and at times in an ill-directed manner) cross-examined Dr N about that conclusion. Dr N refused to alter her evidence on point.
That evidence was relevant to s 60CC(3)(a) of the Family Law Act. To my mind, the child spending more time with the mother than with the father did not impinge upon the child having a meaningful relationship with the father for the purposes of s 60CC(2) of the Family Law Act. And as far as s 60CC(2)(b) of the Act was concerned, the mother did not submit that the father should have no time with the child or that the child’s time with the father be seriously curtailed. The mother’s proposed orders gives effect to greater time as between the child and the mother than equal time as the father proposed.
While possibly repetitive, the many subsections of s 60CC(3) called for separate attention in the context of the parties’ proposed parenting orders in respect of time. To that I now turn.
Section 60CC(3)(a) considerations have already been canvassed so I shall not repeat them here.
For the purposes of s 60CC(3)(b) the nature of the child’s relationship with her parents and with each parent’s current spouse has already been addressed. In short, the child enjoys a favourable rapport with the father and Ms G, with the mother and Mr D and all half-siblings. No evidence emerged to suggest that the child’s expressed wish for more time with the mother should not be given effect or that the child’s expressed wish is otherwise than in her best interests.
Similarly, for the purposes of s 60CC(3)(c) the evidence revealed that the mother has been thoroughly diligent in the manner in which she has taken the opportunity to participate in the long-term decision making and in spending time with and communicating with the child. The father has also been diligent in that regard. Dr N recorded on page 11 of her 20 July 2020 report that the child gave credible examples of problems in her relationship with the father from the child’s perspective.
It must not be overlooked that Dr N reported that the child stated that she (the child) would prefer 13 days with her mother and one day with her father or 12 days with the mother and two days with the father. On that calculation of days, 13 days in 14 days or 12 days in 14 days with the mother represents the overwhelming majority of fortnightly time with the mother. The father seeks equal time. The father’s proposal does not align with the child’s wishes. The child is mature enough and intelligent enough for her views to be seriously considered.

No issue relevant to s 60CC(ca) was raised.
Similarly, the proposals in relation to time did not raise issues concerning changes in the child’s circumstances to which s 60CC(3)(d) was directed.
No particular practical difficulties were raised in the context of s 60CC(3)(e).
Section 60CC(3)(f) enlivened matters that addressed each parent’s capacity to provide for the needs of the child including her emotional and intellectual needs. This issue has been addressed above in the context of parental responsibility. I repeat my above observations in relation to this subsection in the specific context of each parent’s time with the child.
So far as s 60C(3)(g) was concerned, the child is being raised in an ethnically Country Q environment in Australia. The child travels with a degree of regularity to destinations in Asia. Nothing about either party’s proposals for time with the child enlivened any particular issue in relation to s 60CC(3)(g), it seemed to me.
Section 60CC(3)(h) was not relevant because the child is not an Aboriginal or a Torres Strait Islander child.
Section 60CC(3)(i) invited enquiry about the attitude to the child and to the responsibilities of parenthood demonstrated by each parent. In this case, one issue is the father’s ongoing competitive approach about the child’s relationship with the mother. Dr N has said that the competitive behaviour is exhibited by the father, not by the mother. That indicated to me that the father’s attitude to the child was not focused on the child’s welfare but rather, that the father was driven to maintaining hostility towards the mother. The evidence did not reveal any comparable attitude by the mother.
Section 60CC(3)(j) and (k) involved a consideration of family violence. The issue of family violence has been narrated above, albeit in the context of whether an order for sole parental responsibility should be made. The same factual matter of family violence relevant to sole parental responsibility is relevant to parenting orders for the purpose of s 60CC(3)(j) and (k).
Section 60CC(3)(l) provides that the court must consider whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child.
The skirmishing between the parents in this case has been on foot since the child was an infant. To suggest that any particular order will cause the vitriol between the parties to abate seems as unlikely as it is unrealistic. That said, that does not mean an order should not be made. Orders should be made if for no other reason than to endeavour to quell the controversy between the father and the mother. The hostility between the child’s parents has been normal to the child since she could talk. Yet that is no reason why, over the time between the date of these orders and the date on which the child turns 18, orders should not be made that go some distance to improving the child’s life. In my view, irrespective of the likelihood of those orders being breached, orders on this application should be made as urged by the mother.
In my view, the orders proposed by the mother best meet the circumstances of this case and represent orders that are in the best interests of the child.

I certify that the preceding one hundred and eighteen (118) numbered paragraphs are a true copy of the reasons for judgment of the Honourable Justice Wilson.
Associate:
Dated: 22 November 2023

File number	MLC 4528 of 2010
Judgment of	WILSON J
Date of judgment	22 November 2023
Catchwords	FAMILY LAW – PARENTING – Parental responsibility – application for sole parental responsibility by mother and for equal shared parental responsibility by father – best interests of the child – failure of cooperative coparenting – one parent exhibiting a consistently competitive approach towards parenting – held, sole parenting ordered.
Legislation	Family Law Act 1975 (Cth) s 4AB, 60CA, 60CC, 61B, 64B(2)(c)
Cases cited	Gin & Hing (No 6) [2023] FedCFamC1F 68 Project Blue Sky v Australian Broadcasting Corporation (1998) 194 CLR 355 Richter v Richter (2019) 63 Fam LR 102
Division	Division 1 First Instance
Number of paragraphs	118
Dates of hearing	26, 27, 28, 29 and 30 August 2019, 31 August 2020, 1, 2, 3 and 4 September 2020, 26, 27 and 28 October 2020, 26 and 28 July 2021, 8 November 2021, 17, 18 and 22 February 2022, 2 and 3 March 2022, 1 April 2022, 28, 29 and 30 September 2022, 15, 16 and 27 and 28 February 2023, 4 and 5 July 2023.
Place	Melbourne
Counsel for the applicant	Mr F Dixon SC (all dates) with Mr A Robinson (26 and 27 August 2019, 31 August 2020, 1, 2, 3 and 4 September 2020, 26, 27 and 28 October 2020, 26 July 2021, 17, 18 and 22 February 2022, 2 and 3 March 2022, 1 April 2022 and 30 September 2022).
Solicitors for the applicant	Clancy & Triado
Counsel for the respondent	Ms R Stoikovska SC (26, 27, 28, 29 and 30 August 2019) with Mr G Combes (26, 27 and 30 August 2019). The respondent was unrepresented (on 31 August 2020, 1, 2, 3 and 4 September 2020, 26, 27 and 28 October 2020, 26 and 28 July 2021, 8 November 2021, 17, 18 and 22 February 2022, 2 and 3 March 2022, 1 April 2022, 28, 29 and 30 September 2022, 15, 16, 27 and 28 February 2023, 4 and 5 July 2023).
Solicitors for the respondent	M Legal
Counsel for the Independent Children's Lawyer	Mr D Whitchurch (all dates)
Solicitors for the Independent Children's Lawyer	Macgregor Solicitors

MLC 4528 of 2010
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN	MS HING Applicant
AND	MR GIN Respondent
INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY	WILSON J
DATE OF ORDER	22 NOVEMBER 2023