Hammond and Chapman

This matter concerned a dispute between Mr Hammond and Ms Chapman regarding the time their child, Z, should spend with each parent following their separation. The decision was made by Judge Howard.

The court was required to determine the appropriate parenting arrangements for Z, considering the parents' conflicting accounts of events, their respective capacities to care for the child, and the impact of their ongoing conflict on Z's well-being and development. A key issue was whether Z should have a shared time arrangement with both parents, given their inability to communicate cooperatively.

Judge Howard accepted the expert report's conclusions that both parents were capable of caring for Z and that her bond with each parent was intact. However, the report highlighted the parents' inability to form a cooperative relationship, which was deemed relevant to their ongoing communication about Z's needs. The report also noted that Z had largely been in Ms Chapman's care since separation. The court reasoned that prematurely moving to a shared time arrangement would be unsuited to Z's development and practically unworkable due to the parents' contentious communication. The court ordered that Z should continue to have time with her father during each week and would benefit from an extra night per fortnight, with a gradual increase in time with her father over the next five years. The potential for a shared time arrangement at that point would depend on future events and the parents' capacity. Both parents were also recommended to attend a parenting course.