Horn and Gabin (No 2)

This matter concerned applications by the mother and father regarding their child, S, born in January 2004. The court was required to determine the terms of parental responsibility, living arrangements, and time spent between the child and each parent.

The central legal issues before the court were: (1) whether the mother should have sole parental responsibility for decisions concerning S's major long-term issues, including education, upbringing, health, name, and significant changes to living arrangements; (2) where S should live; (3) the nature and extent of the time S would spend with the father; and (4) ancillary orders regarding communication, information sharing, and conduct between the parties.

O’Reilly J determined that the mother should have sole parental responsibility for S concerning major long-term issues, subject to a requirement to consult with the father in writing before making such decisions. S was ordered to live with the mother, with specific provisions for supervised time with the father on alternate Saturdays and weekly telephone contact. The court also made orders regarding changeovers, information sharing, and prohibitions against denigration and questioning the child about the other parent. All other orders and applications were discharged or dismissed, and the independent children's lawyer was discharged.