Hedditch and Fowler

This matter concerned parenting orders made by Judge Bender in the Federal Circuit Court of Australia. The proceedings involved the mother and father of a child, [X], born in 2009. The dispute centred on the arrangements for [X]'s living arrangements, time spent with each parent, and parental responsibility for significant decisions concerning [X]'s education and health.

The court was required to determine the specific orders regarding [X]'s residence, the allocation of parental responsibility for educational and health decisions, and the detailed schedule for [X]'s time with each parent, including provisions for holidays, special occasions, and communication. Additionally, the court considered orders relating to the parents' conduct, such as restrictions on discussing the proceedings with [X] and denigrating the other party, as well as provisions for information sharing regarding [X]'s schooling and health. The court also addressed the ongoing engagement of the mother in treatment and the requirement for both parents to undergo supervised urine drug screens.

Judge Bender discharged all previous parenting orders and made new orders. The mother was granted sole parental responsibility for decisions regarding [X]'s education and health, and [X] was ordered to live with the mother. The court then set out a comprehensive schedule for [X]'s time with the father, which varied depending on whether [X] had commenced primary school. This schedule included provisions for regular weekend and weekday time, school holidays, and specific arrangements for birthdays and other significant dates. The orders also included provisions for communication between the parents and [X], restrictions on parental conduct, and requirements for information sharing and parental engagement in treatment and drug screening. The Independent Children's Lawyer was to remain involved for 12 months.