MALMO & HARTIGAN

This matter concerned an application before the Federal Circuit Court of Australia, presided over by Faulks DCJ. The dispute involved parenting arrangements for a child, M, born in December 2007, between the child's mother, Ms Hartigan, and her father, Mr Malmo.

The court was required to determine the specific terms of parental responsibility and the time the child would spend with each parent. Key issues included the extent of the father's contact with the child, the conditions under which this contact would occur, and the arrangements for the child's welfare and communication between the parents.

The court made orders by consent, granting Ms Hartigan sole parental responsibility for M. The orders detailed a phased approach to the child spending time with Mr Malmo, initially supervised by the paternal grandmother and an organisation, and subsequently by the paternal grandmother alone. Crucially, the orders imposed strict conditions on the father during these periods, including prohibitions on taking the child to his residence, consuming alcohol, and associating with members of a specific club. Further orders addressed the logistics of child exchange, financial contributions towards transport costs, and the location of supervised time. The court also included provisions for communication between parents, restrictions on removing the child from the Sydney metropolitan area, and a requirement for both parents to participate in a Child Responsive Program.