Kinsley and Brye

In the matter of Kinsley and Brye, Guest J considered orders concerning the parental responsibility and living arrangements for the child of the relationship. The dispute involved the Father and the Mother, who sought to establish or vary existing orders regarding their child, born in November 2002.

The court was required to determine the extent of shared parental responsibility, where the child would live, and the specific arrangements for the child to spend time with and communicate with the Father. Further issues included the terms of contact during school terms and holidays, the location of contact changeovers, and provisions for the child's kindergarten and school enrolment and communication. The court also had to consider orders relating to the parties' conduct, including prohibitions on denigration and discussion of proceedings in the child's presence, and specific conditions for the Mother regarding alcohol consumption and health.

Guest J ordered that the Father and Mother retain equal shared parental responsibility for the child. The child was to live with the Mother, with detailed provisions for the child to spend time with and communicate with the Father, including specific dates and times, and arrangements for school terms and holidays. The court also made orders regarding the child's kindergarten enrolment, communication of school-related information, and notification of illness or injury. Prohibitions were placed on each party denigrating the other or discussing proceedings in the child's presence. Specific conditions were imposed on the Mother concerning alcohol consumption and compliance with health professional directions. All previous orders were discharged, and all other applications were dismissed. The order for the appointment of an Independent Children’s Lawyer was also discharged. The court noted that the Father consented to the orders on the basis of his current residence and reserved his rights to seek further time should he relocate. The parties were also ordered not to smoke in the presence of the child.