MACHEY & THORNTON

This matter concerned parenting orders for a child born in 2009, with Ms Machey (the mother) and Mr Thornton (the father) as the primary parties, and Ms Thornton (the paternal grandmother) also involved. The dispute revolved around the arrangements for the child's living situation, time spent with each parent and the paternal grandmother, and parental responsibility. The decision was made by Benjamin J.

The court was required to determine the extent of equal shared parental responsibility between the mother and father, and the limited parental responsibility of the paternal grandmother. Key issues included establishing where the child would live, the specific arrangements for the child's time with the mother and father, communication protocols between the parties and the child, and provisions for the child's ongoing therapeutic counselling. The court also had to consider the financial implications, specifically regarding the costs of the Independent Children's Lawyer.

Benjamin J discharged all previous parenting orders except for the one concerning the child's surname. The court ordered equal shared parental responsibility between the mother and father, with specific limitations for the paternal grandmother to engage with the child's school and medical practitioners for general matters, while major decisions remained with the parents. The child was ordered to live with the paternal grandmother. Detailed provisions were made for the child's time with the mother, including alternate weekends, a tri-weekly arrangement from 2019, school holidays, Christmas and New Year periods, and the child's birthday, with adjustments for the father's work roster and specific changeover arrangements. Communication by telephone between the child and each parent was also stipulated, with the paternal grandmother facilitating calls when the child was with her, and the mother facilitating calls when the child was with her. The court also ordered that the father pay the costs of the Independent Children's Lawyer.