McFadden and Shinners (No. 2)

In McFadden and Shinners (No. 2), Johns J of the Federal Circuit Court of Australia considered orders relating to parental responsibility and time spent with a child. The proceedings involved the father and mother of the child, D, born in 2007.

The court was required to determine the terms of orders concerning the equal parental responsibility of the parties, the specific arrangements for the child to spend time and communicate with the father, and the procedures for changeovers. Additionally, the court needed to address orders restraining the parties from discussing the proceedings with the child, showing court documents to the child, or denigrating the other party or their family members in the child's presence. The court also considered orders for keeping each other informed of the child's health and for the mother to ensure the child regularly sleeps in her own bed.

The orders were made by consent of the parties, reflecting an agreement on the arrangements for the child. The court ordered equal parental responsibility and detailed a phased approach for the father's time with the child, commencing with supervised visits at a contact centre, progressing to supervised alternate Sundays, and finally to unsupervised alternate weekends. Specific locations were designated for changeovers. The court also imposed prohibitions on discussing proceedings, showing documents, and denigrating either party in the child's presence. Further orders required parties to keep each other informed of the child's health and for the mother to address the child's sleeping arrangements. The court also ordered the preparation of an updated family report and listed the matter for mention.