Legg and Cleary

This matter concerned an application by the mother and father regarding the parenting arrangements for their child, X. The court was required to make orders concerning the child's living arrangements, time spent with each parent, and various other aspects of their shared care.

The court was tasked with determining the specific orders for equal shared parental responsibility, the child's living arrangements, and the detailed schedule for time spent with each parent, including during school holidays, weekends, and special occasions such as birthdays and Christmas. Further issues included provisions for communication between parents, notification of absences, access to the child's educational and medical information, and mechanisms for resolving disputes regarding the child's care. The court also considered the need for counselling for the parents and the child, and the role of step-parents in the child's life.

The court ordered that the mother and father have equal shared parental responsibility for the child. It established a detailed schedule for the child to live with the mother and spend time with the father, with specific provisions for alternate weekends, mid-week time, and half of the school holidays. The orders also stipulated arrangements for special days, including Father's Day, Mother's Day, birthdays, Christmas, and Easter, with provisions for alternating years. The court further mandated that changeovers occur at the child's school on school days and at a specified location on non-school days, requiring personal attendance of parents or nominated agents. Communication protocols were established, including the use of a communication book and restrictions on denigrating the other parent. The court also ordered that the father engage in a parenting program and that the child be referred to a counsellor.