MORONI & SHAWN

The parties in this matter were the parents of a child, B, born in October 1999. The dispute concerned parental responsibility and the living arrangements for B. The decision was made by Faulks DCJ in the Magistrates Court of the Australian Capital Territory.

The court was required to determine the interim parental responsibility for B, where B would live, and the specific times B would spend with each parent. The court also needed to consider the future arrangements for B, including the potential for a Less Adversarial Trial and the need for separate representation for the child.

His Honour ordered that until further order, both parents would have parental responsibility for B. B was to live with her mother, with specific arrangements for time spent with her father, including every second weekend and half of the school holidays. The court also made detailed orders regarding the handover of B between the parents, including the presence of the child's grandmother at one such handover. The proceedings were adjourned for a Less Adversarial Trial, with directions for the father to file a parenting questionnaire and outline the orders he sought. Crucially, the court determined that B should be separately represented and requested Legal Aid to arrange this.