Mayne & Tomlin & Anor

In *Mayne & Tomlin & Anor*, Wilson J considered parenting orders concerning the child X. The dispute involved the father and his wife (the second respondent) seeking orders that would grant them equal shared parental responsibility for X, while the mother sought different arrangements. The case involved allegations of family violence, and the proposed orders reflected a significant restriction on the mother's time with X, limiting it to specific periods coinciding with Victorian school holidays and requiring her to travel to Victoria for such time.

The central legal issues before the court were whether to order equal shared parental responsibility in favour of the father and his wife, and to what extent the mother should have time with the child, X, given the context of family violence. The court was also required to determine appropriate communication arrangements between the parents and the child, and to consider whether any injunctions or further applications should be made.

Wilson J discharged all previous orders and made new orders reflecting a carefully considered approach to the child's welfare. Equal shared parental responsibility was ordered in favour of the father and the second respondent, with X to live with them. The mother's time with X was significantly restricted, limited to four occasions per year during Victorian school holidays, for a maximum of six hours each, to occur in the QQ Town area. Communication with the mother was also limited to a weekly telephone call. The court also imposed injunctions restraining the parents from denigrating each other in the child's presence and from discussing court proceedings with X. Further, the mother was restrained from making further applications under Part VII of the *Family Law Act 1975* (Cth) without first obtaining leave of the court, with specific conditions attached to any such application, including the filing of an affidavit from her treating mental health practitioner.