Kinsealy and Arthur (No. 2)

The proceedings before Loughnan JR concerned a dispute between Kinsealy and Arthur regarding their child. The court was required to determine the terms of the child's living arrangements and contact with each parent, as well as address issues relating to the child's medical care and the parties' conduct.

The court considered the existing orders made on 14 February 2008, which had been suspended on 4 February 2009. The primary legal issues were whether to continue the suspension of the previous orders and to establish interim arrangements for the child's time with each parent, as well as to impose restrictions on medical and therapeutic interventions for the child. The court also had to determine how to manage the child's ongoing medical treatment for asthma.

Loughnan JR ordered that the proceedings be adjourned to a Judicial Registrar’s Call-over on 28 April 2009. Until further order, and unless the parties and the Independent Children's Lawyer agreed otherwise in writing, the orders of 14 February 2008, previously suspended, would remain suspended. This suspension was conditional upon the child spending time with the father each weekend during school term and for a specific period during the April school holidays. The child was to live with the mother at all other times. Furthermore, by consent, both parties were restrained from causing the child to attend any medical practitioner, social worker, psychologist, therapist, or counsellor for any purpose other than a medical emergency, unless specifically requested by a qualified medical practitioner. The parties were also ordered to comply with directions from Dr M regarding the child's asthma management and to communicate these directions to the child's school. The costs of the father in relation to the proceedings on that day were reserved.