Kempsey and Wilson

This matter concerned orders made by Kent J regarding the residence and contact arrangements for a child, T Wilson, between his mother and father. The dispute centred on the specific terms of these arrangements, including the allocation of parental responsibility, the schedule for the child spending time with each parent, and provisions for holidays, birthdays, and communication.

The court was required to determine the specific orders concerning the child's residence, the division of parental responsibility for long-term and day-to-day decisions, and the detailed schedule for the child to spend time with the father. This included establishing arrangements for regular weekend contact, school holidays, specific days such as birthdays and Christmas, and provisions for telephone contact and the exchange of information regarding the child's health and education.

Kent J made orders that the child reside with the mother and that the mother have sole parental responsibility for long-term decisions concerning the child's care, welfare, and development, subject to specific conditions. These conditions included requiring the father's consent or a court order for relocation exceeding 100 kilometres, and obliging the mother to notify the father of long-term decisions and consider his views. Parental responsibility for day-to-day care was allocated to the party with whom the child was residing. The court then set out a detailed schedule for the child to spend time with the father, including phased increases in duration, specific arrangements for collection and drop-off, and provisions for school holidays, birthdays, and Christmas, with the paternal grandfather playing a significant role in facilitating these transitions. The orders also included provisions for telephone contact and the father's access to information regarding the child's health and schooling.