Malic and Cussens

This matter concerned orders made by Tree J regarding the living arrangements and time spent with a child, X, born in 2009. The proceedings involved the Mother and the Father, who sought to establish clear arrangements for their child following previous orders.

The court was required to determine the specific orders concerning where the child would live, the schedule for the child to spend time and communicate with the Father, and the nature of parental responsibility for long-term decisions. Additionally, the court addressed practical matters such as changeover arrangements, notification requirements for inability to facilitate time, and provisions for school holidays. The court also considered orders relating to parental conduct, including restrictions on alcohol and drug use, communication about proceedings, the use of parental control filters on devices, and the prohibition of denigration of the other parent.

Tree J ordered that the child X shall live with the Mother. The Father was granted specific time with the child, including alternate weekends during school terms, telephone contact, and defined periods during public holidays and school holidays, with detailed provisions for changeovers and notification of any inability to facilitate time. Both parents were ordered to have equal shared parental responsibility for major long-term decisions concerning the child. Further orders stipulated that neither parent would consume alcohol above the legal driving limit or illicit drugs for 24 hours prior to and during time with the child, and both parents were restrained from discussing the proceedings in the child's presence. Orders were also made regarding parental control filters on electronic devices, the prohibition of denigration of the other parent, and the exchange of residential and contact details. The Independent Children's Lawyer was discharged, and all other extant applications were dismissed.