Insley & Maidment

In this matter before the Federal Circuit and Family Court of Australia, Mr Insley (the Applicant Father) and Ms Maidment (the Respondent Mother) sought final parenting orders concerning their child, X, born in 2016. The dispute centred on the allocation of parental responsibility and the time X would spend with each parent.

The court was required to determine the extent of shared parental responsibility for X, including decisions relating to her health. Furthermore, the court needed to establish a detailed schedule for X's time with each parent, considering school terms, holidays, and special occasions, and to address the practical arrangements for the transfer of X between parents.

Justice Bender ordered the discharge of all previous parenting orders, save for existing injunctive orders. The court made orders for equal shared parental responsibility for X, with X to live with the Mother. A comprehensive schedule was set out for X's time with the Father, commencing with specific arrangements for ELC/school terms and holidays, which were to progressively increase X's time with the Father over several years. The orders also detailed arrangements for special occasions, communication between parents and X, medical decision-making, and the exchange of information regarding X's education and health. Specific provisions were made for communication between the parties, including the use of the Our Family Wizard app, and injunctions were imposed to prevent denigration of either parent in the presence of X.