Jacobs and Martinovich

This matter concerned orders made by consent between Ms Martinovich (the mother) and Mr Jacobs (the father) regarding their child, B. The dispute centred on arrangements for the child's living arrangements, parental responsibility, time spent with each parent, and related communication and travel issues.

The court was required to determine the terms of consent orders concerning the equal shared parental responsibility for major long-term issues affecting the child, including education, health, and religious observance. Further issues included the child's primary residence, the specific times the child would spend with each parent, arrangements for holidays and special occasions, and protocols for communication between the parents regarding the child's welfare. The court also considered orders relating to the child's travel overseas, spousal maintenance for the mother, and step-child maintenance.

The court made orders by consent, establishing that while both parents reside in Australia, they share equal responsibility for major long-term decisions concerning the child. The child was ordered to live with the mother, with detailed provisions outlining the time the child would spend with the father, including specific schedules for weekdays, weekends, and holidays, which varied based on the child's age. The orders also stipulated communication methods between the parents, including requirements for notification of illness or accidents, and imposed restraints on each parent regarding approaching the other's residence or employment, and on enrolling the child in activities without prior written agreement. Furthermore, orders were made restraining the removal of the child from Australia and requiring the child's passports to be held by the court registry, released only upon written agreement. Finally, the court ordered the father to pay weekly spousal maintenance to the mother and weekly step-child maintenance for C, and to provide private family health insurance for the mother, the child, and C.