Jones and Ors and Webber

Stevenson J considered parenting orders concerning a child born in July 2005, where the dispute involved the father and mother regarding the child's time with each parent.

The court was required to determine the best interests of the child in light of proposed changes to existing interim parenting orders. Specifically, the court had to consider the likely effect of any changes in the child's circumstances, including separation from either parent, and the practical difficulties and expenses associated with the child spending time with and communicating with each parent, and whether these would substantially affect the child's right to maintain regular personal relations and direct contact with both parents.

Stevenson J placed significant weight on the expert opinion of the Family Consultant, Ms M, who recommended changes to the proposed parenting arrangements. The court found that the changes supported by Ms M were more advantageous to the child's well-being than an immediate re-introduction of the existing interim orders. The judge noted that the father's opposition to certain changes, such as a shift from Friday to Thursday, was difficult to justify given his own evidence about his flexible working hours. The court also considered the mother's practice of taking the child to her mother's property on some weekends and saw no reason to deprive the child of this opportunity. The need to re-establish the child's sense of security with his father was deemed to outweigh any potential benefit to the smooth introduction of overnight time.

The court discharged all existing interim parenting orders and made new orders regarding the child's time with his father, including specific weekday and alternate Sunday arrangements, and provisions for Christmas Day 2007. The orders also stipulated that changeovers were to occur at a designated store and included a Fact Sheet detailing obligations, consequences of contravention, and available assistance.