Hickory and Hickory

This matter concerned parenting orders for R, born in March 1996, between her mother and father. The court was required to determine the most appropriate parenting arrangements for R, considering the best interests of the child.

The central legal issues before the court were the division of parental responsibility and the specific living arrangements for R. This involved assessing the likely effect of any changes in R's circumstances, including separation from her parents, the practical difficulties and expense of spending time with each parent, and the capacity of each parent to provide for R's needs, including emotional and intellectual development. The court also considered the attitude of each parent towards R and their responsibilities of parenthood.

Stevenson J discharged all existing parenting orders and made new orders establishing equal shared parental responsibility for R. R was to live with the mother, with specific periods of time to be spent living with or visiting the father, including alternate weekends, a portion of each week, and half of all school holidays. The court noted that both parents recognised the importance of the other in R's life and that their communication might improve post-litigation. Expert opinion indicated that R would benefit from continuing to develop relationships with both parents, given their geographical proximity. However, concerns were raised about the father's untested capacity to manage the day-to-day demands of parenting a daughter approaching puberty, particularly if he returned to work, and the risk of R being caught in her parents' communication patterns. Despite these concerns, the court found no practical difficulties or expenses in implementing the proposed arrangements due to the parents' close proximity. The court also ordered that the father have liberal telephone contact with R and that specific details regarding the obligations and consequences of contravening the orders be included in a fact sheet.