Longley & Fulham
[2022] FedCFamC2F 864
•5 July 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Longley & Fulham [2022] FedCFamC2F 864
File number(s): PAC 407 of 2019 Judgment of: JUDGE DUNKLEY Date of judgment: 5 July 2022 Catchwords: FAMILY LAW - parenting - impact of parental mental health upon co‑parenting capacity Legislation: Family Law Act 1975 (Cth) Division: Division 2 Family Law Number of paragraphs: 59 Date of hearing: 23-25 March 2022 Place: Parramatta Counsel for the Applicant: Mr Livingstone Solicitor for the Applicant: Australian Family Lawyers Counsel for the Respondent: Ms Beck Solicitor for the Respondent: Fox & Staniland Lawyers Counsel for the Independent Children's Lawyer: Ms Reheby Solicitor for the Independent Children's Lawyer: Shedden & Associates ORDERS
PAC 407 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR LONGLEY
Applicant
AND: MS FULHAM
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE DUNKLEY
DATE OF ORDER:
5 JULY 2022
THE COURT ORDERS THAT:
1.All prior parenting orders are discharged.
2.The mother shall have sole parental responsibility for X born in 2017, but is not permitted to change X’s name without the written consent of the father.
3.The mother shall keep the father informed:
(a)Of the details of X’s school enrolment ensuring the father is noted on the enrolment as a parent with all his relevant contact details included.
(b)Of any specialist medical appointment or allied health care appointment made for X.
(c)Of any passport application she makes on X’s behalf, and to the extent necessary, the father shall complete his portion of any passport application within 7 days of being requested to do so.
4.X shall live with his mother.
5.X shall spend time with his father as follows:
(a)From 3pm Friday (or after school Friday) until 5pm Sunday each alternate week commencing the second Friday after the making of these orders.
(b)The period in order 5(a) shall extend to conclude at 9am Monday (or before school Monday) on the first Friday six months after the father commences a therapeutic relationship with a psychiatrist in which sessions have occurred at least once each 8 weeks.
(c)Conditional upon the father maintaining a therapeutic relationship with a psychiatrist as referred to in order 5(b), and not earlier than 1 February 2025, the time in order 5(a) shall occur only during school term time, and in addition to those time with periods, the father shall spend time with X for the first week of each school holiday period at the end of Term 1, 2 and 3 from 9am on the first Saturday of those periods to 5pm on the middle Saturday of those periods, and during the second half of the Term 4 school holiday periods from 9am on 6 January to 5pm on 24 January.
(d)On Father’s Day from 9am to 5pm.
(e)From 9am Christmas Eve to 5pm Christmas Day in years ending in an odd number.
(f)From 5pm Christmas Day to 9am 27 December in years ending in an even number or zero.
(g)At such other times as the parents agree in writing.
6.Each parent shall keep the other advised of their residential address, email address and mobile telephone number.
7.Each parent is entitled to attend any school event attended by X to which parents are invited by the school to attend.
8.The mother shall do all things to assist and cause X to communicate with his father by Facetime (or equivalent) each Wednesday for no less than 10 minutes starting at approximately 6.45pm.
9.The parents shall give all necessary consents and authorities for any school attended by X to provide to the father copies of X’s school reports, merit awards, notices and newsletters, and to assist in this regard, the mother shall provide to any school X attends a sealed copy of these orders.
10.The father is granted leave to provide to his treating psychiatrist and Mr B a copy of Associate Professor Dr C’s report dated 19 May 2021 and Dr D’s report dated 4 November 2021.
11.The mother shall maintain a therapeutic relationship with a psychologist for a period of 12 months from the date hereof, with sessions not less frequently than monthly, and is granted leave to provide to that psychologist a copy of Associate Professor Dr C’s report dated 19 May 2021.
12.X is permitted, not earlier than 1 February 2025, to travel internationally with either parent during a period that he is in that parent’s care pursuant to the terms of these orders, provided the period of international travel does not coincide with any period X should be in the care of the other parent.
13.Neither party shall denigrate the other party or a member of that party’s family or household in the presence or hearing of X nor permit X to remain in the presence or hearing of any person who engages in such denigrative behaviour.
14.All changeovers on school days shall occur at X’s school, and on non‑school days, the father shall collect X at the mother’s home at the beginning of the period and the mother shall pick up X from the father’s home at the end of the period.
15.Pursuant to S.65DA(2) and S.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
16.All outstanding Applications and Responses are removed from the list of cases awaiting finalisation.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Longley & Fulham has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE DUNKLEY
BACKGROUND
Mr Longley (the father) and Ms Fulham (the mother) are the parents of X, who is aged 4½. X was born in 2017 in Australia.
Both the father and mother were born in New Zealand and have extended family members in New Zealand.
International travel between Australia and New Zealand is again possible.
X’s parents separated after his conception but prior to his birth. X has always lived with his mother.
X has developed his relationship with the father by spending time with him, initially time was agreed by the parents but since 25 March 2019 court orders have prescribed the time with arrangements.
Parenting arrangements for X have been complicated by the mental health issues of each of the parents.
The father in the last few years has been less than proactive in seeking professional help for the management of his mental health issues.
Both parents conceptionally recognise the benefits accruing to X in spending time with his father.
The mother’s anxiety causes her to think “catastrophically” about the risks that may be faced by X in spending time with his father.
The father by “ignoring” his mental health treatments, limits to an extent, his parenting capacities.
The most recent parenting orders were made by Judge Myers on 26 May 2020, and provide in summary, pending further order:
·That X live with his mother.
·That X spend time with his father by agreement and if no agreement then:
·In Week 1
·On Friday 8.30am to 4.30pm
·On Saturday 8.30am to 4.30pm
·In Week 2
·On Wednesday from 7.30am to 11.15am
·On Friday from 8.30am to 4.30pm
·On Sunday from 8.30am to 4.30pm
It is against “the background” that the best interests of X are to be determined, so that parenting orders that place that best interest consideration in the paramount position can be made.
DOCUMENTS
At final hearing the father relied upon:
·Amended Initiating Application filed 8 march 2022
·Affidavits of Mr Longley filed on 8 March 2022 and 21 March 2022
·Affidavit of Mr E field 8 March 2022
·Affidavit of Mr F filed 21 March 2022
·Case outline
At final hearing the mother relied upon:
·Amended Response field 15 march 2022
·Affidavit of Ms Fulham filed 15 March 2022
·Affidavit of Mr G filed 15 March 2022
·Case outline
At final hearing documents marked with letters A through Q became exhibits.
Exhibit Q is a family report pursuant to chapter 15 written by Professor Dr C consequent upon an order of Judge Myers made on 10 September 2020.
The ICL provided a case outline.
CROSS EXAMINATION
Only the father, mother and Professor Dr C were cross examined.
Neither counsel for the mother nor ICL required Mr E nor Mr F for cross examination. Their respective affidavits were read.
Neither counsel for the father nor ICL required Mr G for cross examination. His affidavit was read.
ORDERS SOUGHT
Father
In the case outline filed for the father, he seeks the following:
1.That all previous parenting Orders in relation to the child [X] born [in] 2017(“the child”) be discharged.
Name
2.That the child’s surname be changed from [Fulham] to [Fulham-Longley] and that both parents do all things and sign all documents necessary to cause the child’s surname to be amended on the child’s birth certificate.
Parental responsibility
3.That the Mother and Father have the equal shared parental responsibility for making decisions about the long-term care, welfare and development of the child.
Living with and spend time with arrangements
4. That pending Order 15 the child live with the mother.
5.That upon the making of this Order the Father spend time with the Child in accordance with the increased times below:
a)In week 1 from 8am Saturday until 6.15 pm Sunday;
b)In week 2 from 3pm Wednesday until 12pm Thursday; for a period of 8 weeks.
6.That after 8 weeks the Father’s time with the Child as per order 5 increase whereby he spends time with him:
a)In week 1 from 3pm Friday until 6.15pm Sunday;
b)In week 2 from 3pm Wednesday until 12pm Thursday; for a period of 6 weeks.
7.That after 6 weeks the Father’s time as per Order 6 be increased whereby the child spends time with the father:
a)In week 1 from 3pm Friday until 9am Monday or the commencement of preschool;
b)In week 2 from 3pm Wednesday to 12pm Thursday; pending order 13.
Term 1 [H preschool] holidays and Easter time 2022
8.That each parent’s time with the child be suspended during the school holidays and unless otherwise agreed upon in writing the Father spend time with child as follows.
9.That in the term 1 holidays commencing 3pm 6 April 2022 and ending 9 am Tuesday 26 April 2022:
a)From Wednesday 3pm 6 April until Thursday 6.15pm 7 April 2022;
b)From Saturday 8am 9 April until Sunday 6.15pm 10 April 2022;
c)From Wednesday 8am 9 April until Thursday 10am 14 April 2022;
d)For two consecutive nights commencing 5pm Saturday 16 April [prior to Easter Sunday] until 5 pm Easter Monday 18 April 2022;
e)From Wednesday 8am 20 April until Thursday 10am 21 April 2022;
f)From Saturday 8am 23 April until Sunday 6.15pm 24 April 2022;
10.In term 2 holidays (which commence 3pm 29 June 2022 until 9am 18 July 2022), from 8am Friday 11 July 2022 to 6.15pm Wednesday 17 July 2022.
11.In term 3 holidays (which commence 3pm 21 September 2022 until 9am Monday 10 October 2022), from 8 am Thursday 29 September 2022 until 6.15 pm Wednesday 5 October 2022.
12.In term 4 summer holidays from 8am Friday 30 December 2022 until 6.15pm 10 January 2023, noting that the father may take the child to New Zealand for the child to spend time with his paternal extended family.
January 2023
13.That commencing the third week of January 2023 the Father’s time be varied so that the Father spend time with the Child:
a) In week 1 from 3pm Friday until 9 am Monday;
b) In week 2 from 3pm Wednesday until 9 am Friday
And with weeks 1 and 2 alternating thereafter.
School commencing 2023
14. That commencing term 1 of 2023 the Father spend time with the Child:
a)In week 1 from 3pm Friday or out of school hour care until 9am Monday or out of school hour care;
b)In week 2 from 3pm Wednesday or out of school hour care until 9 am Friday or out of school hour care.
And with weeks 1 and 2 alternating thereafter.
15.That commencing 2024 the parents time be varied and Order 14 be discharged and the Child live with each parent on a week about arrangement:
a) With the Father from 3pm Friday to 3pm Friday in week 1; and
b) With the Mother from 3 pm Friday to 3 pm Friday in week 2.
16.That the parents be at liberty to amend the alternate week cycle so that the mother’s week with the child coincide with the Mother’s Day weekend and the Father’s week with the child coincide with the Father’s Day weekend if agreed.
School Holidays 2023
17.That each parent spend one half of each non summer school holiday period with the child as agreed upon a failing agreement then:
a)in even-numbered years commencing 2023 with the mother for the first half and with the mother for the second time and with the father for the second half of the school holiday period;
b)in odd-numbered years commencing 2024 with the father for the first half and with the mother for the second half of the school holiday period;
18.That during the summer school holiday period commencing 2023 that unless the parents otherwise agree in writing beforehand:
a)with the Father from 9.00 am on the day after from the last day of school until 9 AM 20 December 2023 and with the mother from 9 AM 20 December 2023 until 5 pm 31 December 5pm 2024;
b)with the father from 5 pm 31 December 2023 until 5pm 2024 until 5pm;
c)with the mother in 2024 to 5pm 19 January 2024;
d)with the father from 5pm 2024 to 5pm 26 January 2024.
School Holidays commencing 2024 onwards
19.That during the non summer school holidays unless the parents otherwise agree each parent’s time with the child be suspended so that the child spend time:
a)in even numbered years commencing 2024 for the first half with the father and with the mother in the second half of the school holiday period;
b)in odd numbered years commencing 2025 for the first half with the mother and with the father in the second half of the school holiday period.
20.That during the summer school holiday period in 2024 and continuing each alternate even numbered year thereafter that unless the parents otherwise agree in writing beforehand:
a)with the Mother 9am on the day after the last day of school until 9am 20 December;
b)with the Father from 9am 20 December until 9am 2 January
c)with the Mother from 9am 2 January until 9am 16 January
d)with the Father from 9am 16 January until 9am 23 January;
e)with the Mother from 9am 23 January until 9am the day before the start of the new school term when the child is returned to the mother’s care.
21.That during the summer school holiday period commencing 2025 and continuing each odd numbered year thereafter that unless the parents otherwise agree in writing beforehand:
a)with the Father from 9am on the day after the last day of school until 9am 20 December
b)with the Mother from 9am 20 December until 9am 2 January;
c)with the Father from 9am 2 January until 9am 16 January;
d)with the Mother from 9am 16 January until 9am 23 January;
e)with the Father from 9am 23 January until 9am the day before the start of the new school term where the child is return to the Mother’s care.
22. That for the purpose of these orders:
a)School holiday period is the period of time starting at the conclusion of school on the last day of the term and ends on the commencement of the first day of the school term on which pupils are required to attend.
Special Occasions
23.That each parent’s time with the Child pursuant to these orders be suspended on special occasions whereby the child spend time with each parent as agreed or in default of agreement then:
a)On the Mother’s birthday, in the event that the child is not already spending time with her, then overnight from 9am to 9am day after her birthday if on a weekend or if the child is at school then he shall spend time overnight time with the Mother from 3pm until the commencement of school the next day.
b)On the Father’s birthday, in the event that the child is not spending block time with Mother outside of Sydney then from 9:00am to 9.00 am.
c)On the Child’s birthday with the non-residential parent on a weekday from 3pm to 6pm until the child is 6 years old and otherwise 8pm, or if on a weekend from 9am to 2pm.
d)Easter from 2024 onwards in even-numbered years the child will spend time with the Father from the conclusion of school on the Thursday (or 5pm if the child is not at school) immediately prior to Good Friday until 5pm on Easter Saturday and with the Mother from 5pm on Easter Saturday until 5pm on Easter Monday; and
e)Easter from 2023 onwards in odd-numbered years the child will spend time with the Mother from the conclusion of school on the Thursday (or 5pm if the child is not at school) immediately prior to Good Friday until 5pm on Easter Saturday and with the father from 5pm on Easter Saturday until 5pm on Easter Monday.
f)Mother’s Day with the Mother at time agreed upon or otherwise from 5pm Saturday prior to the Mother’s Day Sunday until 9am Monday:
g)Father’s Day with the Father at time agreed upon or otherwise from 5pm Saturday prior to the Father’s Day Sunday until 9am Monday:
Overseas travel
24.The parties can take the child overseas travel during the period when the child is in their respective care, provided that:
a)the travelling parent provides the other parent with the itinerary including details about the intended destination, flight and ship numbers, dates and times of arrival and departure, the full itinerary including the contact numbers and address of the accommodation in writing and not less 21 days before the intended departure date.
b)That neither parent unreasonably withhold consent to such travel.
25.The Father shall retain the child’s New Zealand passport.
26.The Mother shall retain the child’s Australian passport.
27.That up until the Child is 8 years of age that neither parent take the Child outside of Australia where the flight time is longer than 6 hours;
28.That noting that the Father’s immediate family is in City J New Zealand, the Father be at liberty to take the child to New Zealand during his time with the Child.
29.That the Child be permitted to have an Australian and New Zealand passport issued and that both parents do all things and sign all documents and share equally in the costs of applying for and consenting for the release of a passport/s for the child and for the child to have a current Australian passport.
30.That if a visa is required for the Child’s travel then each parent do all things to sign that visa and provide it to the travelling parent within the time frame requested by the parent and no earlier than within 48 hours.
31.That upon the Mother travelling overseas with the child she shall return the New Zealand Passport to the Father and upon the Father travelling overseas with the Child he shall return the Australian Passport to the mother and with each to provide that passport within 5 days of their return.
32.That both parties shall do all things and sign all documents necessary to cause new passports to be issued to in the Child’s amended surname of “Fulham- Longley”.
Changeover
33.For all the changeovers that do not place at the preschool or school or out of school hour care, the Father shall collect the child from the Mother’s residence at the commencement of his time and the Mother shall collect the child from the Father’s residence at the conclusion of the Father’s time.
Communication
34.That the parties confine their communication to each other using 2houses or such other agreed parenting app and they shall within 48 hours of the orders being made do all things to register with the app and for any paid app such as our family wizard pay the registration fee and maintain that registration fee.
35.That in the event of an emergency the other parent shall telephone the other parent.
36.That each parent is permitted to have reasonable telephone and/or video communication with the Child during those periods that the Child is living with or spending time with the other parent.
37.That each parent will facilitate the Child telephoning and/or video-calling the other parent at any reasonable time whenever requested to do so by the Child while the Child is their respective care.
Care of the child if parent is not available
38.In the event that either parent is not available to care for the Child for either an overnight period or a day time period of in excess of 6 hours then they shall offer the other parent the first right to care for the Child via the parenting app and if the other parent does not agree to care for the Child or does not respond to the request within 4 hours then failure to respond is deemed to be a refusal.
Variation of time
39.That the parents may agree to vary the time the Child spends with each parent and if they agree they will document the change in writing and in the absence of agreement then each parent’s time with the Child is in accordance with these orders.
Schooling and day care
40.Both parents are permitted to liaise directly with the Child’s day care, preschool or school principals or teachers to obtain any information about the Child’s progress, to receive all newsletter and attend all events to which parents are invited to attend.
Sporting and extra-curricular activities
41.That neither party is to enrol the Child in a sporting and/or extra-curricular activity without first obtaining the written consent of the other party if such activity will
42.That each parent may liaise directly with that sporting body or extracurricular organisation to obtain any information about the Child’s involvement with that sport or activity including and receive all information about events which parents may attend.
43.That each parent is at liberty to attend all events involving the Child including but not limited to school events which parents are invited to attend, sporting and events concerning extracurricular activities that the child is performing in.
44.That unless otherwise agreed in writing between the parents the parent who has the Child in their care on the day of such activity will be responsible for the day- to-day care of the Child at such event, including ensuring that the Child attends and is transported to and from the event.
Medical treatment
45. That each parent is to inform the other parent as soon as reasonably practical:
a)Any significant medical problems, illness or injury suffered by the Child while in their care;
b)The full particulars of any doctor, medical practitioner, therapeutic or health service provider or institution attended upon by the Child;
c)Any medication that has been prescribed for the Child;
d)Any specialist medical appointments with any doctors, dentist or health practitioner;
e)Any medical and dental appointments that are made for the Child, including details of the date, time and location of the appointment and to be included on the parenting app schedule.
46.That each parent is to inform the other immediately in the event of an emergency involving the Child while in their care including, but not limited to, the Child suffering a serious illness or injury or the hospitalisation of the Child.
47.Both parents are permitted to liaise directly with any doctor, medical practitioner, dental practitioner, attended by the Child to obtain information about the physical, dental and/or mental health of the Child and the progress of any treatment the Child may be receiving and this Orders shall operate as an authority to release of such information, including copies of any medical reports, to either parents.
48.Each parent shall be permitted to attend any such appointments with GPs, speech therapists, psychologists, paediatricians and other medical professionals.
Restraints
49.That each parent be restrained from withdrawing the Child from any preschool or school and/or enrolling the Child in any preschool or school without the other parent’s written agreement and with both parents to sign all enrolment forms.
50.That each parent be restrained by injunction from making any negative, critical, belittling or derogatory comments in relation to the other parent or members of the other parent’s family or household (including questioning or criticising the parenting decisions and/or parenting capacity of the other parent) nor permitting third parties to do so or enabling the Child to see any written communications between the parents or in connection with this proceeding.
51.Using a surname for the Child which omits either surname in “Fulham-Longley” or changes the order of names in the surname.
General
52.That in the event of a dispute between the parents about the implementation or enforcement of these Orders they engage a parenting coordinator, with the Father to provide the Mother with the names and costs of three parenting coordinators and the Mother to nominate one parenting co-ordinator which the parties shall retain and with the costs to be shared equally between them.
53.The parties shall do and sign all documents required to retain the parenting coordinator and use such parenting app as nominated by that parenting coordinator in reviewing the parent’s communications.
54.The parties shall meet with the parenting coordinator, undertake any further educational programs as recommended from time to time.
55.That the Father consult with his treating doctors including any psychiatrist that his GP may refer him to, and consult with his treating psychologist at the frequency recommended by such treating professional.
56.That the Mother consult with her treating doctors including any psychiatrist or psychologist that her GP may refer her to, and consult with her treating psychologist at the frequency recommended by such treating professional.
57.That the Mother and Father each follow the treatment advice of their treating medical practitioners.
58.That pursuant to s.62B of the Family Law Act, information about the family counselling services, family dispute resolution services and other courses, programs and services available, is set out in the Fact Sheet attached hereto.
59.That pursuant to s.65DA (2) of the Family Law Act, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in the Fact Sheet, attached hereto and these particulars are included in these orders.
60.That all outstanding applications are dismissed.
61.That each party bears their own costs of these proceedings.
Mother
In her Amended Response filed 15 March 2022, she seeks the following:
1. All prior parenting orders shall be discharged.
LIVE WITH:
2.The child [X] (“X” or “the child”) born in 2017 live with the Mother.
PARENTAL RESPONSBILITY:
3.The mother shall have sole parental responsibility for making decisions in relation to [X]’s long-term care, welfare and development:
ON CONDITION THAT:
a.the mother shall provide the father with not less than 7 days’ notice in writing via email of any such proposed decision;
b.the mother shall consult with the father with regard to any such proposed decision and make a genuine effort to reach agreement with him about any such proposed decision;
c.in the event that no agreement is reached between the father and mother, or the father does not respond to the mother’s request within 3 days, the mother shall make the final decision and within 7 days of so doing, the mother shall provide the father with written confirmation via email of the decision;
4. Notwithstanding order 3 above:
a.the father is permitted to consult with any of the child’s treating medical practitioners and school/preschool (including but not limited to the speech pathologist, the GP, [H] preschool).
b.The mother is not permitted to relocate with the child outside of the Sydney metropolitan area without the father’s consent or change the child’s name.
SPEND TIME WITH
5. [X] shall spend time with his father as follows:
From the date of these Orders until [X] attains the age of 5 years:
a.Commencing the first Friday following the making of these Orders from 9.00am Friday until 9.00am Saturday each week
From 27 September 2022 until [X] starts school in 2023 rotating on a 2 week cycle as follows:
b.Week 1: From 9.00am Friday to 5.00pm Saturday;
c.Week 2: from 9.00am to 5.00pm Friday.
From the time [X] starts school in 2023 and thereafter
d.from after school Friday until 5.00pm Sunday each alternate week.
School Holidays
6.From commencement of Term 1 2023, the child’s time with the father as set out in Order 5, during school terms, shall be suspended during school holiday periods.
7.Commencing from the Term 1 school holidays 2023 [X] shall spend school holiday time with his father as follows:
In all mid-term school holidays until [X] is in Year 3 (2026)
a.In week one of the holidays from 9.00am Wednesday until 5.00pm Friday (2 nights); and
b.In week two of the holidays from 9.00am Friday until 9.00am Monday (3 nights).
During the Summer School holidays until 31 January 2026
c.For a 4 x block periods of 3 nights 4 days in the 1st, 3rd and 5th weeks of the Summer school holidays, such time to be as agreed between the parents but failing agreement as follows:
i. 9.00am 20 December to 5.00pm 23 December
ii. 9.00am 2 January to 5.00pm 5 January
iii. 9.00am 2024 to 5.00pm January
iv. 9.00am 22 January to 5.00pm 26 January
From commencement of Year 3 until [X] is in Year 7
d.During each mid term school holidays, until [X] is in Year 7, for a period of 4 nights and 5 days commencing at 9.00am on the first Saturday of each of the midterm school holidays and concluding 5.00pm 5 days later and the weekend before school is due to go back for the new school term from 9.00am on the last Friday of the school holidays until 5.00pm Sunday or if the Monday is a pupil free day then 5.00pm on the Monday;
e.During the Summer school holidays, until [X] is in Year 7, for a period of 5 nights and 6 days in 3 x blocks in each alternate week commencing at 9.00am on the first Saturday of the school holidays and concluding at 5.00pm on the 6th day.
8.Prior to [X] commencing Year 7 and provided that the mother provides to the father not less than 28 days notice, once per calendar year the mother is permitted to suspend [X]’s time with his father during the Christmas/New Year school holidays for a period of 7 consecutive nights
9.Commencing from the school holidays at the conclusion of Term 1 when [X] is in Year 7, [X] shall spend school holiday time with his father as follows:
a.Unless otherwise agreed to between the parents in writing, for the second half of each school holiday period at the conclusion of terms 1, 2 and 3.
b.For the school holidays at the conclusion of terms 1, 2 and 3, the first half of the holiday period shall commence from the conclusion of the last day of school attendance and conclude at 3.00pm on the middle Sunday of the holiday period and the second half of the holiday period shall commence at 3.00pm on the middle Sunday of the holiday period and conclude at 3.00pm on the Sunday prior to the first day of required school attendance for the new school term, in the event of an odd number of school holiday days in any period, the father shall have the extra night if it is an odd numbered year and the mother if it is an even numbered year.
c.For half of the Christmas/New Year school holiday period, with alternating 7 day block periods, as agreed to between the parents in writing and failing agreement, as follows:
i.For the second, fourth and sixth weeks of the school holiday period for each even- numbered year;
ii.For the first, third and fifth weeks of the school holiday period in each odd-numbered year;
iii.With changeovers to occur at 3.00pm
Special occasions
10.Notwithstanding any other order contained in these orders, [X] shall spend special occasion time with each parent, as agreed between his parents in writing and failing agreement, as follows:
Father’s Day & Mother’s Day
a.With his father on the Father’s Day weekend from 9.00am on the Saturday prior to Father’s Day until 9.00am on the Monday following Father’s Day (or the commencement of school if a school attendance day);
b.With his mother on the Mother’s Day weekend from 9.00am on the Saturday prior to Mother’s Day until 9.00am on the Monday following Mother’s Day (or the commencement of school if a school attendance day);
Birthdays
c.With his father on the Father’s birthday [in 2024], if he is not already due to be spending time with his father from 9.00am until 9.00am the following day;
d.With his mother on the Mother’s birthday[in 2024], if he is not already due to be spending time with his mother from 9.00am (or the conclusion of school if a school attendance day) until 9.00am the following day (or the commencement of school if a school attendance day).
e.On [X]’s birthday, if he is not already due to be spending time with his father:
i.For a birthday falling on a non-school or day care attendance day from 2.00pm until 9.00am the following day (or the commence of school or daycare).
ii.For a birthday falling on a school attendance day from the conclusion of school until 9.00am the following day (or the conclusion of school or daycare).
f.On [X]’s birthday, if he is not already due to be spending time with his mother:
i.For a birthday falling on a non-school or day care attendance day from 2.00pm until 9.00am the following day (or the commence of school or daycare).
ii.For a birthday falling on a school attendance day from the conclusion of school until 9.00am the following day (or the conclusion of school or daycare).
Easter
g.With his father for a period over the Easter weekend in 2022 from 3.00pm (or the conclusion of school if a school attendance day) on the Thursday prior to Good Friday until 3.00pm Easter Saturday and each even numbered year thereafter;
h.With his father for a period over the Easter weekend in 2023 from 3.00pm Easter Saturday until 3.00pm Monday and each odd numbered year thereafter;
i.With his mother for a period over the Easter weekend in 2022 from 3.00pm Easter Saturday until 3.00pm Monday and each even numbered year thereafter;
j.With his mother for a period over the Easter weekend in 2023 from 3.00pm (or the conclusion of school if a school attendance day) on the Thursday prior to Good Friday until 3.00pm Easter Saturday and each odd numbered year thereafter.
Christmas
k. For a period celebrating Christmas, with his father:
i.From 10.00am 25 December 2022 until 10.00am 26 December 2022 and each alternate year thereafter.
ii.From 10.00am 24 December 2023 until 10.00am 25 December 2023 and each alternate year thereafter.
l. For a period celebrating Christmas, with his mother:
i.From 10.00am 24 December 2022 until 10.00am 25 December 2022 and each alternate year thereafter.
ii.From 10.00am 25 December 2023 until 10.00am 26 December 2023 and each alternate year thereafter.
Special Events
11.If the child is invited to a special event in Australia when with one parent and the event falls when the child is not in that parent’s care, the parent who wishes to “swap” a day or night shall be permitted to email/text the other parent and request that they be given additional time with the child for the child to attend the special event with that parent, for example a wedding, funeral, birthday party or celebration, the parent who is not invited to attend the function shall not unreasonably withhold their consent for the child to attend that event provided that.
a.they are offered time in substitution for any time missed with the child
b.the request cannot be made during school holidays unless the requesting parent had no control of the date, for example a funeral, birthday or third party wedding.
12.For the purpose of implementing Order 11, the parent requesting the change in care arrangements shall provide at least 14 days prior written notice, where possible and the other parent shall not unreasonably withhold consent to a variation of the parenting arrangements.
13.Both parents shall use their best endeavours to ensure the child attends family or friend events to which is invited (in Australia), regardless of whose time that event falls in.
Care of [X] if a parent is unavailable
14.In the event that either parent is not available to personally care for [X] for either an overnight period or a day time period of in excess of 6 hours, or is unable to ensure [X] will be cared for by a family member, a spouse/de facto partner, or day care provider, the unavailable parent shall provide not less than 14 days’ notice to the other parent, unless such suspension of time is for emergency reasons, the other parent is to be provided the first opportunity to care for [X].
15.IT IS NOTED Order 14 does not prohibit [X] being in the care of third parties for the purpose of school camps, sleepovers/play dates with friends, excursions and the like.
Changeover
16.For the purpose of changeover where the father’s time with [X] is due to commence at the conclusion of a school day, preschool day or daycare day, changeover is to occur at [X]’s school, preschool or daycare.
17.For all other changeovers, changeover shall occur by the father collecting [X] from the mother’s home at the commencement of his time and the mother collecting [X] from the father’s home at the conclusion of his time.
18.Each parent shall ensure that any personal belongings of [X]’s that have travelled with him between households are returned at changeover.
[X]’s Communication
19.Until [X] has his own mobile phone, [X] shall have Facetime communication with the other parent each evening at 6.45pm, with the parent who does not have the care of [X] to place a call to the other parent’s nominated mobile number at the commencement of the call.
20.Each parent shall do all things reasonably necessary to facilitate [X] communicating with the other parent by telephone or Facetime at [X]’s request.
Parent Communication & Exchange of Information
21.Both parents shall keep each other informed of their respective telephone numbers (including mobile and landline), email and residential addresses and notify the other parent within 7 days of any changes.
22.Each parent shall keep the other informed of [X]’s health, any health issues as well as any procedures, vaccinations or operations to be undertaken prior to those procedures, vaccinations or operations being undertaken, except in the case of emergency (with the parent in whose care the child is at the relevant time to inform the other parent as soon as possible).
23.Unless where otherwise agreed, and excluding an appointment with the GP; the mother shall be responsible for taking [X] to any health treatment related appointments, including speech therapy, physiotherapy and paediatrician, except in the case of emergency (with the parent in whose care the child is at the relevant time to inform the other parent as soon as possible). The mother must inform the father of the outcome of such appointments within 3 days.
24.Time between [X] and his Father is to be suspended on 25 May 2022 to allow the Mother to take [X] to the paediatrician, the time missed will be substituted on Thursday 26 May from 7.30am to 11.15am.
25.The parents shall communicate via What’sApp text message and email only in relation to parenting issues concerning [X], unless otherwise agreed to between the parents in writing or in the case of an emergency where a phone call would be appropriate.
26.The parents shall make arrangements at [X]’s school, daycare or preschool or ensure that both parents are able to obtain the following information and documents at their own expense:
a.A copy of all school reports and school photo order forms for [X].
b.Notification for school activities, such activities being those that parents are ordinarily entitled to or invited by the school to attend.
c.Notification of parent/teacher nights.
d.In the event of [X] being taken from school for an emergency, remedial or correctional treatment that both parents be informed as soon as practicable.
Restraints
27.WITHOUT ADMISSION each of the parents to these proceedings be restrained from:
a.Exposing [X] to violence including physical or verbal threats or intimidation, whether such threats or intimidation be directed at [X], the mother, the father or any other member of the parent’s respective households;
b.Denigrating any of the other parent’s or members of the other parents families in the presence or hearing of [X] and each parent shall do all acts and things reasonably necessary to prevent any other person doing so.
c.Discussing these proceedings or any issues arising out of these proceedings with [X] or permitting any third party to do so.
d.Making critical or derogatory remarks on social media, in relation to the other parent or referring in any way to the proceedings.
Mental Health engagement
28.The father shall engage with his treating mental professionals for ongoing monitoring of his mental health, including psychiatric consultations at a frequency of every four to eight weeks and psychological consultations at a frequency of every two to four weeks, unless otherwise recommended by the treating mental health professional.
29.Within six months of the date of these orders, and again at twelve months of the date of these orders, the father shall provide the Mother with documentary evidence of his compliance with the above orders for mental health treatment.
30.In the event the father’s mental health treaters recommend he engage at a frequency other than what is provided for at Order 28, the father shall provide documentary evidence of this advice to be provided to the mother and Independent Children’s Lawyer (if still appointed) within 7 days of receiving the advice.
31.The increase in the father’s time as provided for in these orders is conditional upon his ongoing engagement with his treating mental health professionals (including both psychologist and psychiatrist).
[X]’s swimming, sport and extra curricular activities
32.Both parents shall do all things required of them to continue [X]’s attendance at swimming lessons.
33.Both parents shall do all things required of them to continue [X]’s attendance at sport and extra curricular activities when he is in their respective care.
Overseas Travel, Passport and Citizenship
34.Both parents shall do all things required of them to obtain Australian Citizenship for [X] upon [X] becoming eligible in 2027 with the costs of such Citizenship Applications to be shared equally between the parents and in the event a parent incurs an additional cost in excess of their equal share, the other parent is to reimburse the parent within 14 days of receiving a request to do so.
35.Neither parent shall be permitted to travel outside of the Commonwealth of Australia with [X] without the prior written consent of the other parent being obtained.
36.Unless otherwise agreed, [X]’s (New Zealand) passport shall be held by the mother.
37.Both parents will ensure that the child’s passport is valid at all times and that the mother shall provide to the father a completed ‘application for renewal’ passport form, for him to sign and return within 7 days, when it is due for renewal. Any costs for a new passport or passport renewal will be shared equally between both parents. The parties shall be at liberty to travel overseas with the child upon provision to the other party of:
a)At least 42 days prior written notice of their intention to travel overseas;
b)Full details of the itinerary evidencing outbound and return flights and accommodation;
c)Full copy of itinerary of the child and parent and return plan tickets / E-tickets;
d)Full copy of the child’s contact details of where he will be staying during the trip including hotel names and address and contact telephone number;
e)Written confirmation that such travel will not impact on the non-travelling parent’s time with the child pursuant to these orders, and if it does the travelling parent must obtain the non-travelling parent’s prior written consent to the trip taking place.
f)Written confirmation that the holiday will not result in the child missing any school, and if they are going to be absent from school as a result of the holiday both parties must consent to the holiday taking place.
Travel
38.In the event a parent intends to spend an overnight period with [X] outside the Greater Sydney Metropolitan area they shall notify the other parent not less than 7 days prior to the overnight period and provide the address for the stay.
39.Neither parent shall permit [X] to travel unaccompanied on public transport, including flights, prior to [X] commencing high school.
40.That if either parent wishes to take the child on holiday within Australia, but outside of NSW, they must provide the other parent at least 21 days prior to the expected departure date if there are flights involved or 7 days notice if there are no flights involved with the trip, unless in the case of emergency, with the following:
a.Confirmation in writing that the dates of the trip (including departure and return dates) shall be within that parent’s time with the child or as otherwise agreed between the parties in writing;
b.The contact details of where the child will be staying overnight (including name of the accommodation, address and telephone contact details);
c.Flight numbers, a copy of the itinerary, a copy of any return plane tickets
d.the travelling parent shall facilitate the child communicating with the other parent at reasonable times during the holiday - with the other parent by telephone, email, facebook on any mobile devices the child has, including face time.
Change of address
41.That each parent shall keep the other informed at all times of his or her current residential address, email address and telephone number within 2 days of making the change.
Child’s belongings
42.Each parent shall be responsible for providing the child with any necessary clothing and belongings when the child is in their care. All clothing and items purchased by the other parent that may from time to time end up at the other parent’s home shall be returned to that parent at the changeover location on the next changeover of the child.
Attendance at Events
43.That each party shall be at liberty to attend any event that parents are invited to attend regardless whether the child is in their care at that time for example a school concert, sports game or awards night.
Child’s illness
44.In the event that the child becomes sick while at school and the school contacts either party asking that a parent collects the child, the parent who has the care of the child that night shall collect the child and care for the child, unless otherwise agreed between the parties.
45.If the child is sick and not attending school, the parent who has the child in their care that morning, must notify the other parent by text that morning and by 12 noon that day, informing them that the child is unwell and not attending school.
46.That each parent notify by telephone or text the other parent in the event the child is hospitalised or is required to attend hospital for any diagnostic or procedural treatment immediately from the time of the event, unless the hospitalisation is part of a schedule of regular appointments that the other parent is already aware of.
47.Such other orders that this Honourable Court deems appropriate.
Independent Children’s Lawyer
At the time of submissions, counsel for the ICL, provided a minute of orders sought as follows:
1.All prior parenting orders shall be discharged, and extant applications dismissed.
2.The mother shall have sole parental responsibility for the child [X] born [in] 2017 ("the child"), and in the exercise of her sole parental responsibility, the mother shall provide the father with not less than seven (7) days' notice in writing via email prior to the making any long-term decision.
3.The child shall live with the Mother.
4.The child shall spend time with his father as agreed in writing and failing agreement as follows:
a.Four weeks after the making of these orders and after the father has engaged with his psychologist in compliance with order 15, then for a period of six (6) months (24 weeks) from the making of these Orders, in a two-week cycle as follows:
i.In week one from 9.00am Friday until 5.00pm Saturday; and
ii.In week two from 3.00pm Thursday after school or day care until before school Friday.
b.Thereafter for a further six (6) months (24 weeks), in a two-week cycle as follows:
i.In week one from 9.00am Friday (or the conclusion of school) until 5pm Sunday.
ii.In week two from 3.00pm Thursday (or the conclusion of school) until 3.00pm Friday (or the commencement of school).
c.Thereafter, the child shall spend time with the father, in a two-week cycle as follows:
i.In week one from 9.00am Friday (or the conclusion of school) until 9.00am Monday (or the commencement of school).
ii.In week two from 3.00pm Thursday (or the conclusion of school) until 3.00pm Friday (or the commencement of school); and
School Holidays
5.Commencing in 2023, the child's weekly time with the father shall be suspended during school holiday periods, and the child shall spend time with the father as agreed and failing agreement as follows:
a.Commencing from the Term 1 of the school holidays, the child shall spend school holiday time with the father from after school Friday (or 3pm) on the last Friday of term until the following Tuesday at 3pm.
6.Commencing in the Term 1 school holidays 2024, the child's weekly term time with the father shall be suspended and the child shall spend school holiday time with his father as follows:
i.For seven nights in each school holiday period at the conclusion of terms 1, 2 and 3, to commence at 5.00pm on the first Sunday of the holiday period and conclude at 5.00pm on the next Sunday.
ii.For half of the Christmas/New Year school holiday period, in alternating seven (7) day block periods as follows:
i.For the second, fourth and sixth weeks of the school holiday period for each even-numbered year;
ii.For the first, third and fifth weeks of the school holiday period in each odd numbered year;
iii.With changeovers to occur at 5.00pm
7.From 2023 onwards, the child shall spend the Father's Day weekend from after school on the Friday prior to Father's Day until 9.00am on the Monday following Father's Day (or the commencement of school) and with his mother on the Mother's Day weekend from after school on the Friday after school prior to Mother's Day until 9.00am on the Monday following Mother's Day (or the commencement of school).
8.The child shall have Facetime communication with the other parent each evening at 6.45pm, with the parent who does not have the care of the child to place a call to the other parent's nominated mobile number at the commencement of the call.
9.Where the father's time with the child is due to commence or conclude on a school day, changeover is to occur at the child's school or preschool.
10.For all other changeovers, changeover shall occur by the father collecting the child from the mother's home at the commencement of his time and the mother collecting the child from the father's home at the conclusion of his time.
11.Both parents shall keep each other informed of their respective telephone numbers (including mobile and landline), email and residential addresses and notify the other parent within 24 hours of any changes.
12.The child's school or preschool are authorised to provide each parent with the following information and documents at the parent's own expense:
a.A copy of all school reports and school photo order forms for the child.
b.Notification for school activities, that parents are ordinarily entitled to or invited by the school to attend.
c.Notification of parent teacher nights.
13.The child's treating medical practitioners are authorised by this order to provide both parents with any information relevant to the medical treatment of the child.
14.Within seven (7) of these orders, the ICL shall provide to the father's psychologist [Mr B] copies of the following:
a.A/Professor [Dr C]'s Report dated May 2021
b.Report of [Dr D] dated 4/11/2021
c.Any other documents the ICL considers relevant
15.The father shall engage with his treating mental professionals for ongoing monitoring of his mental health, including psychiatric consultations at a frequency of every four to eight weeks and psychological consultations at a frequency of every two to four weeks, unless otherwise recommended by the treating mental health professional.
a.The father shall provide the mother with written confirmation from his treating mental health professional of his attendance and compliance with treatment every six months from the making of these orders.
b.The father shall provide a written authority to his mental health practitioner to contact the mother and inform her in the event the father ceases attending or complying with treatment and in any event this order shall operate as such an authority.
c.The mother shall be entitled to suspend the child's time with the father should the father fail to comply with this order.
16.The mother shall engage with a psychologist for monitoring of her mental health, at a frequency of every 8 weeks, unless otherwise recommended by the treating mental health professional.
17. Unless otherwise agreed, the child's passport shall be held by the mother.
18.Until the child turns seven (7) years old, both parties are restrained from travelling overseas with the child except with the written consent of the other parent.
19.Upon the child turning seven, if either parent wishes to take the child on a holiday during the time the child is spending with them, they must provide the other parent at 21 days prior to the expected departure dates with the following information:
a.A copy of the airline ticket (if there are flights), an itinerary; and
b.Details of where the child will be staying including address and phone number.
20. Without admission, each party is restrained from:
a.Exposing the child to violence including physical discipline or allowing any other member of their respective households to do so.
b.Denigrating any of the other parent's or members of the other parent's families in the presence or hearing of the child and each parent shall do all acts and things reasonably necessary to prevent any other person doing so.
c.Discussing these proceedings or any issues arising out of these proceedings with the child or permitting any third party to do so.
CHRONOLOGY
The following chronology is synthesised from the documents referred to earlier herein and is not contentious as to date or fact.
1981 Father born 1983 Mother born 2015 Father sustains brain injury in motorcycle accident September 2016 Parents relationship starts 18 February 2017 Parents relationship ends 2017 X born 29 January 2019 Father files Initiating Application 25 March 2019 By consent interim parenting orders made by Judge Myers that provided for time between X and father for 1 hour per week on Sundays at a park with the mother able to be present as a support person 2019 Mother commences relationship with Mr G 26 August 2019 Further interim parenting orders made by consent by Judge Myers
X live with mother
X spend time with father
In week 1 each Wednesday, Friday and Saturday from 3pm-6pm and Sunday from 7am to 11am
In week 2 each Wednesday and Friday from 3pm to 6pm26 May 2020 Further interim orders made by Judge Myers at contested interim hearing
All prior orders discharged
X live with mother
X spend time with father
In week 1 Friday 8.30am-4.30pm
Saturday 8.3am-4.30pm
In week 2 Wednesday 7.30am-11.15am
Friday 8.30am-4.30pm
Sunday 8.30am-4.30pm27 October 2021 Mother and X move from Suburb L to Suburb M 31 January 2022 X commences attendance at H Preschool in Suburb M 23, 24, 25 March 2022 Final hearing
Provision for further written submissions ordered by 8 April 2022 no party availed of opportunity judgment then reservedEVIDENCE
The father lives alone in Sydney.
He works in retail sales. His usual work hours are between 9-9.30am and 6-6.30pm, earning a gross income of about $988 per week.
The mother lives on the Region N Sydney.
She works in sales.
She lives with her partner and X.
Both the father and mother were born in New Zealand and have family in New Zealand.
Both the father and mother acknowledge their current post separation parenting relationship is not harmonious, and further acknowledge it is unlikely to improve into the future, despite a shared desire for an improved post separation parenting relationship.
The father has had long term issues with his mental health compounded by an acquired brain injury, from which injury he is largely recovered. His mental health issues are diagnosed as Chronic Adjustment Disorder.
The mother also has some issues with her mental health, principally relating to mood and anxiety.
When being assessed by the family report writer she engaged in excessive positive impression management.
The mother’s affidavit evidence focussed in depth upon evidence she submits demonstrates the father is unable to care for X without exposing X to risk. It is not necessary to repeat in detail the extent of that evidence.
The father’s affidavit evidence focussed in depth upon evidence he submits demonstrates the mother is intent upon disrupting his development of a relationship with X, and now that it has developed (this is the father’s assertion) of obstruction of his relationship with X. It is also not necessary to repeat in detail the extent of that evidence.
Associate Professor Dr C, who is a clinical Neuropsychologist, prepared a part 15 report dated 19 May 2021, which became exhibit Q. In preparing her report she interviewed amongst others, the father, the mother and X. Her evaluation took place over two days.
The Associate Professor concludes:
·X did not appear to have any health difficulties or significant needs, but warrants a hearing test and ongoing speech therapy
·There is high parental conflict and the parents are unable to communicate and co‑parent effectively
·X is not at risk from either parent provided her recommendations are followed
·Both the mother and father should engage regularly with qualified professionals to monitor or manage their respective mental health[1]
·That overnight time between X and his father is warranted[2]
[1] Exhibit Q line 2500ff and 2507ff
[2] Exhibit Q line 2485ff
The Associate Professor was cross examined, and in that process, provided further insights with regard to her report including:
·Ongoing and persistent parental conflict presents as the greatest risk to X
·That the father should have a continuous engagement with a psychiatrist and psychologist for monitoring purposes
DETERMINATION
The short duration of the parents’ relationship, and the post separation parenting arrangements, leads inevitably to the conclusion that X’s primary relationship lies with his mother.
On her own she is a capable and caring mother for X.
In contemplation of and enabling of X’s relationship with his father, which has now developed, she is prone to catastrophised thinking and anxiety.
The father, if he engages with the recommendations for monitoring of his mental health as suggested by Associate Professor Dr C, poses no unacceptable risk of harm to X.
The few instances of inattentive parenting provided to X by the father do not change the above conclusions, nor do the fatigue levels the father sometimes experiences.
The greatest risk for X, I conclude, arises from parental conflict and disputation. Managing parental interactions by a sole parental responsibility order and limited frequency changeovers of X’s care best mitigate this risk.
X’s views are given limited weight for reason of infrequency of expression, his chronological age, expressive language limitation, and parental disputations, of which X is aware.
Both parents contribute to the conflict in decision making regarding X. They extend in number and minutiae the detail of parent orders sought by each of the father and mother, bespeaks of their incapacity to co‑parent, and the impact of their mental health issues upon their need to “manage” the other parent.
With the father’s return to employment he is now able to assist more meaningfully with X’s maintenance than he has in the past.
An increase in the father’s time with X, including overnight time, is not a change in circumstance that will negatively impact X’s relationship with his mother, and will have a positive impact on this relationship with his father.
An equal time order would have no benefit for X because his parents are ill‑equipped to manage the minutiae of details that such a live with arrangement would manifest. The distance between their homes makes an equal time arrangement impractical.
There are no issues in evidence that call into question the mother’s capacity as a parent, apart from her “catastrophised” thought process regarding X’s interactions with his father. Psychological assistance will likely help the mother in this aspect of her parenting.
The father’s capacities as a parent are adequate. Monitoring of his psychiatric and psychological health will ensure these capacities remain adequate.
Longer term X may well benefit from the opportunity for longer period visits to New Zealand to engage with extended family.
Parental conflict, more precisely incapacity to co‑parent but not family violence, is the principal issue for the parents to grapple with. There are no current family violence orders. Complaints relevant to family violence, are on the evidence an example of situational separation instigated limited in time family violence.
Considering all the above, X’s best interest is met by orders that cause:
·The mother to hold sole parental responsibility
·For X to live with his mother
·For X to spend time with his father each alternate weekend from 3pm and after school Friday to Sunday at 5pm
·That the spend time with period extend to before school Monday or 9am six months after the father commences a therapeutic relationship with a psychiatrist that has consultations each 8 weeks
·Conditional upon the above, and not earlier than 1 February 2025, the periods of time can extend to half school holidays which can include periods of overseas travel and the alternate weekend periods can revert to during term time
There is no evidence that causes a conclusion that X benefits from any name change. Such change as sought, I conclude, was principally the need for control and does not benefit [X] in any demonstrable way.
Issues of deciding name change are discretionary judgments based upon the paramount principal of X’s best interest. Such decisions are not the sole domain of one or either parent. I am not satisfied for X there is any issue arising with his name that impacts his sense of self, causes him embarrassment, nor impacts his relationship with either parent.
Given the sole parental responsibility order, an order restraining changing X’s name will be made, unless the parents mutually agree to do so.
In summary, I am satisfied for these reasons, that the orders are in X’s best interest and are also orders that reasonably practicable.
I certify that the preceding fifty-nine (59) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Dunkley. Associate:
Dated: 5 July 2022
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