Kavanagh and Cobb

This case involved a dispute between Kavanagh and Cobb concerning parental responsibility and time arrangements for their child, [X]. The matter was heard by Judge Tonkin.

The court was required to determine the orders regarding equal shared parental responsibility, where the child would live, and the specific arrangements for the child to spend time with each parent, including during school terms, school holidays, and special occasions. The court also needed to address practical matters such as handover procedures, use of childcare, international and interstate travel, medical care, communication between parents, and attendance at school and extracurricular activities.

Judge Tonkin ordered that all previous orders be discharged. The parties were granted equal shared parental responsibility for [X], with [X] to live with her mother. Detailed provisions were made for [X] to spend time with her father, outlining specific days and times during school terms and various school holiday periods, including Christmas holidays, with mechanisms for agreement or default arrangements. The orders also included provisions for Father's Day, Mother's Day, Christmas Day, and Boxing Day, as well as handover procedures, the use of consistent childcare placements, and notification requirements for travel, both internationally and interstate. Further orders addressed medical care, communication protocols, attendance at school functions and extracurricular activities, passport applications, change of address notifications, and a prohibition on criticising the other parent in the child's presence. Specific arrangements were also made for the mother spending time away from Canberra during winter, requiring medical certificates, itineraries, and proposals for make-up time, with the father's consent not to be unreasonably withheld. Finally, the parties were ordered to engage in mediation before filing any future applications concerning these orders.