Mackie and O’Neill

This matter concerned parenting orders made by Judge Boyle in relation to the child X. The dispute involved the father and mother of the child, and the court was required to determine the arrangements for the child's residence, time spent with each parent, parental responsibility, and communication.

The court was tasked with determining the specific orders regarding the child's living arrangements, including the allocation of sole parental responsibility, the extent of the father's obligation to consult the mother on long-term decisions, and the schedule for the child's time with each parent. Additionally, the court addressed provisions for communication between the child and the mother, restrictions on contact with a third party, and prohibitions on alcohol and illicit drug use by the parents. The court also considered orders relating to the physical discipline of the child, the exchange of medical and educational information, and the requirement for the parents to engage in counselling.

In its determination, the court made orders granting the father sole parental responsibility for the child, with the stipulation that he must attempt to obtain and consider the mother's views on long-term decisions, except in emergencies. The child was ordered to live with the father, and detailed schedules were established for the child's time with the mother, including specific days, times, and provisions for school holidays and special occasions. The court also imposed injunctions restraining the mother from allowing the child contact with Mr N without the father's consent, and both parents from consuming alcohol or illicit drugs to excess while the child is in their care or in the 48 hours prior. Further orders prohibited the parents from allowing the child in the presence of intoxicated individuals and from physically disciplining the child. The court also mandated the exchange of medical and educational information and ordered both parents to engage in counselling with Relationships Australia or Catholic Care, sharing the costs equally, and to follow any recommendations made by the counsellor.