Moses and Barton

In the matter of Moses and Barton, heard by Moore J, the dispute concerned parenting orders for a child born in October 1997. The proceedings involved Ms Moses and Mr Barton, who sought to establish arrangements for their child's residence, time spent with each parent, and decision-making responsibilities.

The court was required to determine the extent of shared parental responsibility, the primary residence of the child, and the specific periods of time the child would spend with each parent. Further issues included the allocation of responsibility for the child's schooling decisions, the arrangements and costs associated with the child's travel between residences, and the communication protocols between the child and each parent. The court also considered the appointment of a Family Consultant to supervise compliance with the orders.

Moore J made orders for equal shared parental responsibility, with Mr Barton having sole responsibility for determining the child's schooling. The child was ordered to live with Mr Barton in the Torres Strait. Specific provisions were made for the child's time with Ms Moses, both before and after commencing secondary schooling away from her father's home, with detailed arrangements for school holidays. The court also established protocols for travel costs and communication between the child and each parent.

Pursuant to s65L of the relevant Act, a Family Consultant, Ms K, was appointed for 12 months to supervise compliance with the orders and provide assistance to the parties. The Family Consultant, if practicable, was also to inform the child of the orders made.