MCDONALD & LINTON

This matter concerned parenting orders made by consent between the father and mother of a child, BB, born in June 1999. The dispute, as evidenced by the consent orders, revolved around arrangements for shared parental responsibility, living arrangements, school holidays, special days, communication between parents, and notification of medical issues concerning the child. The orders were made by Fowler J.

The court was required to determine the specific terms of parenting orders that would best serve the child's welfare, reflecting the agreement reached by the parties. This included establishing a detailed schedule for the child's living arrangements with each parent, provisions for school holidays and significant dates, protocols for communication and notification of medical events, and mechanisms for resolving future disagreements. The court also considered the legal framework for parenting orders, including the implications of contravention as outlined in a Fact Sheet attached to the orders.

The court's reasoning was primarily based on the consent of the parties, indicating that the proposed orders reflected their considered agreement on how to manage their shared parental responsibilities. The orders applied principles of equal shared parental responsibility and detailed specific arrangements for the child's time with each parent, aiming to provide stability and predictability. Provisions were included to facilitate communication and information sharing, and to ensure the child's well-being, such as requiring mediation in the event of deadlock and counselling for the child if requested. The court also incorporated statutory requirements regarding the particulars of obligations and consequences of contravention.

The final outcome was the making of detailed consent orders covering all aspects of the parenting arrangements, including equal shared parental responsibility, a specific living schedule, holiday arrangements, communication protocols, and provisions for medical and educational matters. The matter was subsequently removed from the list of active pending cases.