Grover and Waltham

In the matter of Grover and Waltham, heard before Judge Harper, the court considered an application concerning parenting orders for a child born in 2011. The dispute revolved around the arrangements for the child's living situation and time spent with each parent.

The court was required to determine the specific terms of parenting orders, including the discharge of previous orders, the establishment of equal shared parental responsibility, and the detailed arrangements for the child to live with the father and spend time with the mother. This involved considering various scenarios based on the geographical proximity of the parents, as well as provisions for school holidays, birthdays, and communication between the parents and with the child. The court also addressed issues related to the child's schooling, health, and wellbeing, and included specific prohibitions against physical chastisement and denigration of a parent.

The court's reasoning led to the discharge of all previous parenting orders. By consent, the parties were granted equal shared parental responsibility. The child was ordered to live with the father, with specific, detailed provisions for the child to spend time with the mother. These provisions were contingent on whether the mother resided more or less than 50 kilometres from the father's residence, outlining distinct arrangements for weekends, school holidays, and specific annual events like Christmas and Mother's Day. The orders also mandated communication protocols between the parents, facilitated communication between parents and the child, and included provisions for information sharing regarding the child's education and health. Furthermore, the court imposed restrictions on the mother's alcohol and illicit substance consumption prior to and during her time with the child, and prohibited physical chastisement of the child by either parent. Provisions were also made for the potential application by the father to change the child's name.