McKenzie and McKenzie and Anor

The proceedings before Collier J involved an application concerning the living arrangements and parental responsibility for a child, T Lester. The parties to the dispute were Ms McKenzie, the applicant, and the child's mother and father, who were also respondents. The core of the dispute centred on determining where the child would live and how parental responsibilities would be allocated between the parents.

The court was required to determine several key legal issues. These included the primary issue of the child's residence, the allocation of sole parental responsibility, and the nature and extent of the time the child would spend with each parent. Additionally, the court had to consider the communication protocols between the parents regarding the child's welfare and progress, and the specific arrangements for the child's time with the mother, including during school holidays and special occasions. The court also had to address the practicalities of changeovers and the need to prevent denigration of either parent in the child's presence.

Collier J's reasoning led to orders that discharged all existing orders and established new arrangements. The child, T Lester, was ordered to live with the applicant, Ms McKenzie, who was granted sole parental responsibility. The mother was granted specific periods of time with the child, with detailed provisions for collection and return, which varied depending on whether the child had commenced school. The court also mandated communication via email or SMS for certain matters, with Ms McKenzie having the final determination in cases of disagreement. Both parents were restrained from denigrating each other in the child's presence, and specific notification requirements were put in place regarding the child's health and medical treatment. For the initial twelve months, communication at changeovers was restricted to SMS or email. All outstanding applications and cross-applications were dismissed.