Hunt and Theophane (No 2)

Watts J of the Family Court of Australia considered an application by the mother and a response by the father concerning parenting orders for their child. The dispute centred on the practical arrangements for the child's changeovers between parents and the communication protocols when the child was not in the care of one of the parents.

The court was required to determine whether to vary existing parenting orders made by Benjamin J on 6 November 2009. Specifically, the court had to consider amendments to the provisions governing the physical handover of the child, including the location and notification requirements for the person conducting the changeover. Additionally, the court needed to address variations to the orders concerning telephone contact between the parents and the child when the child was in the other parent's care, including the times and methods of communication. The court also had to consider specific suspensions of physical and telephone contact during a defined period in mid-2011.

Watts J varied the existing orders to address the practicalities of changeovers, stipulating that the mother or a nominated adult would deliver and pick up the child, with changeovers to occur at AA Park. Provisions were included for the mother to inform the father of a regular nominee and to provide notice of any changes to that nominee. The court also modified the telephone contact arrangements, establishing specific times for calls between parents and the child, with provisions for notice of changes to the contact method. The court also made specific orders suspending physical and telephone contact for defined periods. The Independent Children's Lawyer was requested to prepare a calendar to the end of 2012 reflecting the varied orders and to manage any disputes arising from it. The order appointing the Independent Children's Lawyer was to be discharged after 28 days, and a Fact Sheet detailing the obligations and consequences of contravening the orders was to be attached.