Naparus and Frankham (No.3)

This case involved parenting orders concerning a child born in 2015, with Judge Mercuri presiding. The dispute centred on the arrangements for the child's care, residence, and the allocation of parental responsibility between the mother and father. Previous parenting orders were discharged as part of the court's determination.

The court was required to determine the most appropriate form of parental responsibility, considering the parents' ability to co-parent and communicate effectively. Key issues included establishing a primary residence for the child, defining the time the child would spend with each parent, and addressing the potential impact of the mother relocating outside of Victoria. The court also had to consider measures to facilitate communication and co-parenting, as well as injunctions to protect the child from parental conflict and inappropriate contact.

In its reasoning, the court ordered that the parties have equal shared parental responsibility, subject to specific conditions. If the mother resided outside Victoria, the father would assume sole responsibility for medical and educational decisions, with a detailed process outlined for the father to consult the mother on these matters. The mother was enjoined from relocating the child's residence beyond a 50-kilometre radius of a specified town in Victoria, unless the relocation was within 50 kilometres of the father's residence. The orders then set out a detailed schedule for the child to live with the mother and spend time with the father, with provisions for gradual increases in the father's time and arrangements for school holidays and Christmas. Further orders mandated supervised changeovers, required both parents to attend post-separation parenting programs, and imposed injunctions against denigrating the other parent or involving the child in disputes. Specific injunctions were also made concerning the father's contact with his foster brother and the child's passport. The Independent Children's Lawyer was to be discharged upon completion of certain programs by the parents.