Hadlow & Davis

In the Family Court of Australia, Berman J considered a dispute between a father and mother concerning the parenting arrangements for their child, Z. The father sought equal shared parental responsibility, while the mother sought sole parental responsibility. The mother had previously made unilateral decisions regarding major issues affecting the child and had been excluded from decision-making processes. Communication between the parties was described as limited and acrimonious. The mother also sought to relocate the child to Queensland, having previously unilaterally relocated the child there, which had resulted in a court order for the child's return. The court found that the mother was unlikely to support the child maintaining a meaningful relationship with the father if the relocation were permitted.

The court was required to determine the best interests of the child, specifically regarding parental responsibility, with whom the child would live, and the extent of time the child would spend with each parent. Key issues included the mother's prior unsubstantiated allegations of sexual abuse against the father, which she no longer relied upon, and the mother's desire to relocate the child to Queensland. The court also had to consider the existing living arrangements where the child lived with the mother and spent time with the father.

Berman J ordered that previous parenting orders be discharged. The parties were granted shared parental responsibility for Z, with the exception that the mother would have sole responsibility for major health issues, provided she made best endeavours to agree with the father and advised him of decisions if agreement could not be reached. The child was ordered to live with the mother and spend time with the father according to a detailed schedule, which included specific arrangements for weekends, weekdays, school holidays, and Christmas. The court also made orders regarding communication, school information, medical information, and injunctions restraining certain behaviours, including recording handovers, physical discipline, attending medical facilities when the other parent or family were present, and posting photos of the child on social media. The father's time with the child during school holidays was suspended unless otherwise specified. Handover locations were also specified.