Milling and Robe

The parties in this matter were the mother and the father, with the court being the Federal Circuit Court of Australia, presided over by Mead J. The dispute concerned variations to existing parenting orders concerning their child, X. The orders addressed specific arrangements for X's time with each parent, including holiday periods, school attendance, and procedures for illness.

The court was required to determine the appropriate terms for varying the existing parenting orders, particularly concerning the commencement of X's time with the father during school holidays, the allocation of remaining holiday days, and restrictions on parental attendance at X's school. Additionally, the court needed to establish protocols for managing X's care when she was unwell and due to transfer between parents, and to ensure relevant documents were provided to X's school principal.

Mead J varied the existing orders to clarify the commencement times for X's time with the father during school holidays, distinguishing between odd and even-numbered years. The court also ordered that any remaining holiday days after a specified date would be spent with the mother. Further variations stipulated that neither parent, nor their agents, should attend X's school except for specifically invited events. In instances where X was unwell and unable to attend school on a day she was due to transfer to the other parent, specific requirements were imposed, including providing a medical certificate screenshot by midday and arranging a handover at a designated location at 6:00 pm, unless the illness prevented handover altogether. The court also directed the Independent Children's Lawyer to provide copies of the original order, the new order, the reasons for judgment, and a Section 62g report to the principal of X's school. Directions regarding further proceedings, including a potential "Rice & Asplund" threshold argument, were adjourned.