Kinnear and Chamberlain

This matter concerned orders made by Judge Terry regarding the parental responsibilities and time spent with a child, X. The dispute centred on the arrangements for the child's residence and time with each parent, particularly in light of the mother's potential relocation.

The court was required to determine the primary residence of the child, the specific arrangements for time spent with each parent during school terms and holidays, and to make orders concerning communication between the parties, restrictions on certain behaviours, and access to school-related information. The court also had to consider a conditional arrangement for residence based on the mother establishing a new residence in a specified area.

The court ordered that the parties share equal parental responsibilities. Until the commencement of Term 2 in 2014, the child was to live with the mother and spend time with the father according to interim orders. From Term 2 in 2014, provided the mother had established residence in the specified area, the child was to live week-about with each parent during school terms, with specific arrangements for school drop-offs and pick-ups. Detailed provisions were also made for time spent with each parent during school holidays, including Christmas and other breaks, with alternating arrangements for odd and even-numbered years. A conditional order was made for the child to live with the father if the mother had not established residence in the specified area by Term 2, 2014, with alternative holiday arrangements and specific changeover locations. Further orders addressed Christmas Day, Easter, Mother's Day, and Father's Day, and included provisions for ongoing communication of contact details, injunctions against denigration of the other party, and access to school information.