Hand and David

This matter concerned parenting orders made by Justice Rose concerning a child born in July 2002. The dispute involved the mother and the father regarding the arrangements for the child's living arrangements, parental responsibility, and communication. The orders detailed specific times the child would spend with each parent, including during school terms and holidays, and addressed various practical considerations such as travel, accommodation, and emergency notifications.

The court was required to determine the specific terms of parental responsibility and the child's living arrangements, balancing the time spent with each parent. Key issues included the father's consultation rights regarding long-term issues affecting the child, the detailed schedule for the child living with the father during school terms and holidays, and provisions for special occasions like Mother's Day and Father's Day. The court also addressed restrictions on the father concerning boating activities with the child, communication protocols between the parties and the child, and the provision of necessary equipment for electronic communication.

Justice Rose made orders by consent in many respects, establishing a framework for shared parenting. The mother was granted sole parental responsibility, with the proviso that the father be consulted on long-term issues. The child was ordered to live with the mother, with specific and detailed arrangements for the child to live with the father during weekends and school holidays. The orders also included mutual restraints on physically chastising the child, interrogating the child about time with the other parent, and denigrating the other parent. Further, provisions were made for emergency notifications, medical and therapeutic care information, and the exchange of contact details. Specific restrictions were placed on the father regarding boating activities until the child reached certain ages and demonstrated swimming proficiency, and safety equipment requirements were stipulated. Electronic communication between the child and parents was facilitated through regular scheduled calls and the provision of a mobile telephone by the father. The court also made specific orders regarding the upcoming Easter holiday period and a forthcoming weekend due to a hearing disruption. Costs applications made on behalf of the mother and the independent children's lawyer against the father were dismissed.