Lentner & Anor and Ablett

In the matter of Lentner & Anor and Ablett, Watts J of the Federal Circuit Court of Australia made orders concerning the parental responsibility and living arrangements for a child, B, born in 2003. The proceedings involved the child's father, the paternal aunt, and the mother. The dispute centred on how parental responsibilities, particularly concerning the child's health and welfare, should be allocated and how communication between the parties should be managed.

The court was required to determine the extent of shared parental responsibility between the father and the paternal aunt, specifically regarding decisions about the child's health and medical treatment. Further issues included the communication protocols between the parties concerning medical appointments and advice, the child's living arrangements, schooling, and the specific time the child would spend with each parent during school terms, holidays, and significant dates. The court also addressed communication between the child and parents, the disclosure of parentage testing results, and injunctions to prevent denigration of parties and discussion of proceedings in the child's presence.

Watts J ordered that the father and paternal aunt share parental responsibility for the child, with the paternal aunt having primary responsibility for all health and medical decisions, including specialist treatment. The paternal aunt was directed to keep the father and mother informed of all medical appointments, advice, and treatment plans. The child was ordered to live with the father and paternal aunt and to attend a specific school from Term 2, 2015. Detailed arrangements were set out for the child's time with the mother, including specific weekends, school holidays, birthdays, and Christmas, with variations to these arrangements from Term 2, 2016. The court also made orders regarding communication methods, the disclosure of parentage testing results in a therapeutic setting, and injunctions restraining abusive behaviour and discussion of proceedings in the child's presence.