HURST & GERSTEN

In the matter of HURST & GERSTEN, Tree J of the Family Court of Australia made orders concerning the care, welfare, and development of a child, S. The dispute involved the father and the maternal grandmother, with the court tasked with determining the future parenting arrangements for the child following the loss of her mother and sister.

The court was required to determine the primary caregiver for the child, the extent of the maternal grandmother's involvement in the child's life, and the communication and contact arrangements between the child and both parties. Specific issues included the allocation of parental responsibility, the child's living arrangements, and the division of school holiday periods and other contact time. The court also considered provisions for the child's emotional support, communication protocols, and restrictions on parental behaviour during periods of care.

Tree J ordered that all previous parenting orders be discharged. The father was granted sole parental responsibility for the child, with specific conditions requiring him to consult with the maternal grandmother via email regarding significant decisions and to consider her opinions before making them. The child was ordered to live with the father, and the maternal grandmother was granted time with the child during half of each school holiday period, with detailed provisions for travel and communication. The orders also included detailed arrangements for alternate weekend and weekday contact for the maternal grandmother should the father relocate within 100 kilometres of Cairns, or specifically to Cairns, and established protocols for communication, respectful discourse, and the child's access to counselling. The Independent Children's Lawyer was discharged.