Hanson and Delaney

The case of Hanson and Delaney concerned parenting orders for a child born in November 2008. The dispute revolved around the arrangements for the child's daily care, long-term decision-making, and specific time spent with each parent. The matter was heard by Cleary J.

The court was required to determine the specific living arrangements for the child, including the division of time between the parents, and to establish a framework for decision-making regarding the child's education, medical treatment, and religious instruction. Further issues included the responsibility for the child's daily care during periods of time with each parent, restrictions on parental behaviour concerning alcohol and drug consumption, and the prevention of exposure to cigarette smoke. The court also had to address the relocation of the child's residence and the prohibition of denigration of either parent or their families in the child's presence.

Cleary J made orders that discharged previous arrangements and established a detailed schedule for the child's time with each parent, which varied according to the child's age. The father was given responsibility for decisions regarding the child's daily care when the child was with him, and the mother was given this responsibility at all other times. For long-term issues, both parents were required to consult each other in writing at least 28 days before a decision was made, with a 14-day period for a counter-proposal if opposed. The court also imposed restrictions on alcohol and drug consumption by either parent while caring for the child, and mandated that the child not be exposed to cigarette smoke. Furthermore, neither parent was permitted to relocate the child's residence outside the Sydney metropolitan area without consent or a court order, and both were restrained from denigrating each other or their families in the child's presence. The court also noted that if parents could not agree on long-term issues, they should attend mediation or counselling before returning to court.