Kershaw and Joyce

In the matter of Kershaw and Joyce, heard by Judge Henderson, the dispute concerned parenting orders for a child, X, born in 2009. The orders sought to establish where the child would live and the arrangements for the child to spend time with each parent.

The court was required to determine the living arrangements for the child, X, and to make orders regarding the time X would spend with her father, including the frequency, duration, location, and cost of such time. Further issues included the method and frequency of communication between the parents regarding X, and the communication between X and her father. The court also considered the need to prevent disparaging remarks about one parent in the presence of the child.

Judge Henderson ordered that X live with her mother, who was permitted to remain living with X in Queensland. The court then detailed specific arrangements for X to spend time with her father, alternating between Sydney and Brisbane on a monthly basis, with provisions for school holidays and Christmas. The orders also mandated regular Skype or text communication between the parents and between X and her father, and importantly, enjoined both parents from speaking ill of the other in X's presence or hearing.