Launay and Kitanovski (No 2)

This matter concerned an appeal to the Family Court of Australia, presided over by Baumann J, regarding parenting orders for a child, X. The dispute involved the father and mother of the child, X, born in 2012. The court was required to determine the appropriate arrangements for the child's time with each parent, communication protocols, and certain restraints on the parents' conduct.

The court was tasked with determining the specific schedule for the child's time with the father, including provisions for agreed arrangements and a detailed timetable for specific periods. Additionally, the court needed to establish rules for telephone communication between the child and each parent, and to consider injunctive relief to restrain certain actions by the mother and both parents. The court also had to address the exchange of information between the parents concerning the child's welfare, education, and medical needs, and to set a date for further case management.

Baumann J discharged previous orders made by the Federal Circuit Court and substituted new orders. These orders established a comprehensive schedule for the child's time with the father, including specific dates and alternate weekend arrangements. The court also mandated that changeovers not at the child's school occur at a designated location and that parents be substantially present during their periods of care. Strict protocols were put in place for telephone communication, ensuring the child's reasonable requests were met while also setting specific times for calls initiated by the non-resident parent. Crucially, the mother was restrained from reporting allegations of abuse to any entity other than the Queensland Police Service and the Department of Child Safety, Youth and Women, with immediate notification required to the Independent Children's Lawyer. Both parents were enjoined from discussing the proceedings or allegations with the child or third parties, questioning the child about the other parent, or allowing the child to attend counselling without consent. The court also ordered specific methods of communication between parents, detailed requirements for information exchange regarding the child's health and education, and permitted both parents to attend school functions. Finally, the court directed the filing of affidavits and minutes of proposed final orders, adjourning the proceedings for a case management hearing.