Goddard and Hilditch

This matter concerned orders made by Berman J regarding the shared parental responsibility, living arrangements, and time spent with a child, E, born in 2007. The dispute involved the allocation of decision-making authority for various aspects of the child's life, including education and health, as well as detailed provisions for the child's residence and time with each parent. The court also addressed specific concerns relating to the father's possession of firearms and the parties' conduct in the presence of the child.

The court was required to determine the extent of shared parental responsibility, specifically in relation to the child's education and health. It also needed to establish the primary residence of the child and set out a comprehensive schedule for the time the child would spend with each parent, including during school terms, holidays, and on special occasions. Further issues included the location of handovers, the father's access to firearms, and the conduct of the parties concerning discussions about the proceedings and denigration of each other in the child's presence.

Berman J ordered that the parties share parental responsibility for the child, with the mother having sole responsibility for decisions concerning education and health. In these areas, the mother was required to consult with the father but retained the final decision-making authority if agreement could not be reached. The child was ordered to live with the mother, and detailed provisions were made for the child's time with the father, including alternate weekends during term time and specific arrangements for school holidays and special occasions. The court also imposed an injunction restraining the father from possessing firearms or offensive weapons in the child's presence and from taking the child hunting until the age of 12. Furthermore, both parties were restrained from discussing the proceedings with or in the presence of the child, or denigrating the other parent. Provisions were also made for emergency contact, communication with the child's school, and access to medical information.