Morton and Cooke

In Morton and Cooke, heard before Judge Sexton, the dispute concerned parenting arrangements for the child, X. The orders made by the court indicate a significant breakdown in the relationship between the parents, with the mother seeking and being granted sole parental responsibility and the child living with her, while the father was to have no direct contact.

The court was required to determine the most appropriate parenting orders for the child, X, considering the circumstances presented. This included deciding on parental responsibility for major long-term issues and day-to-day care, where the child would live, the extent of any time the child would spend with the father, and the father's ability to communicate with or provide gifts to the child. Furthermore, the court had to consider the child's name change, international travel arrangements, and the father's access to and use of social media in relation to the child and the proceedings.

The court's reasoning, as evidenced by the extensive orders, points to a determination that the child's welfare and safety necessitated a significant restriction on the father's involvement. This included granting the mother sole parental responsibility, ordering the child to live with the mother and have no time with the father, and imposing strict conditions on any gifts the father might wish to provide. The court also authorised the mother to change the child's name and to travel internationally with the child without the father's consent. Crucially, the father was restrained by injunction from approaching or contacting the child or the mother, and from removing the child from Australia. The court also made detailed orders regarding the father's social media activity, including the deactivation of his Facebook account and the removal of all photographs and comments relating to the child, with significant consequences for non-compliance. The court also addressed the child's Medicare arrangements, ensuring the child was not linked to the father's card.