Muling & Muling

This matter concerned applications by the parents of a child born in April 2001 regarding parental responsibility and time spent with each parent. The court was required to determine the arrangements for the child's living arrangements, communication with each parent, and related matters concerning the child's welfare and the parents' ongoing responsibilities.

The court was asked to make orders concerning equal shared parental responsibility, the specific times the child would spend with the father, including during school holidays and weekends, and that all other time would be spent with the mother. Further issues included arrangements for changeovers, telephone communication between the child and each parent, the use of a communication book, and prohibitions against denigration. The court also needed to address the provision of information between parents regarding the child's schooling and medical care, authorisations for practitioners to release information, notification requirements in cases of medical emergencies or serious accidents, and the discharge of previous orders and undertakings.

O'Reilly J made orders establishing equal shared parental responsibility. The child was to spend time with the father during all NSW gazetted school holidays except Christmas, with specific arrangements for the Christmas holidays alternating between parents in even and odd years. The father was also to have the child for the fourth and seventh weekends of each school term. All other time was to be with the mother. The orders detailed specific arrangements for changeovers, telephone communication, the use of a communication book for health and welfare matters, and a prohibition on denigration. The parties were ordered to keep each other informed of addresses, school and practitioner details, and to authorise the release of information. Immediate notification was required in cases of medical emergencies or serious accidents, with provisions for parental visits in such circumstances. The court also ordered the mother to provide copies of the judgment and relevant psychiatric reports to the child's paediatrician and any authority notified by her. All previous orders and undertakings concerning the child were discharged, and all other applications were dismissed. The independent children's lawyer was also discharged.