Gingham and Gingham

In Gingham and Gingham, Murphy J considered the parental responsibility and living arrangements for the child, X Gingham. The dispute concerned the extent to which the presumption of equal shared parental responsibility should apply, and the practical arrangements for the child's care and contact with each parent.

The court was required to determine whether the presumption of equal shared parental responsibility was rebutted in the child's best interests. Further, the court had to decide on the specific orders regarding parental responsibility for major long-term issues and other issues, as well as the child's living arrangements and the nature and extent of time spent with each parent. The court also considered communication protocols between the parents and the child, and the publication of the proceedings.

Murphy J found that the presumption of equal shared parental responsibility was rebutted in the child's best interests. The father was granted sole parental responsibility for major long-term issues, with specific procedural requirements for consultation with the mother, and sole responsibility for all other issues. The child was ordered to live with the father, with limited face-to-face time with the mother, contingent on the child's wishes and the outcome of consultations with a child and adolescent psychiatrist. The court also made detailed orders regarding communication, information sharing about the child's health and schooling, and a non-denigration clause. Leave to file further proceedings was restricted.