Nettle and Nada

This matter concerned an application by the parents of a child, X, born in 2010, regarding parenting orders. The dispute centred on the living arrangements for the child and the extent of each parent's involvement. The decision was made by Judge Neville.

The court was required to determine the primary residence of the child, the extent of parental responsibility to be shared, and the specific arrangements for the child to spend time with each parent, including provisions for holidays and special occasions. A significant issue was the mother's proposed relocation and the geographical restrictions to be placed on her residence with the child.

Judge Neville ordered that the parents have equal shared parental responsibility for the child. The child was to live with the mother, who was required to return to a specified area by 31 January 2014. Thereafter, the mother was restrained from moving with the child outside a 50-kilometre radius of that area, with a limited exception for relocation within 50 kilometres of the University of (omitted) upon providing 21 days' written notice to the father. The court then detailed a comprehensive schedule for the child to spend time with the father, varying based on the child's age, and including specific provisions for alternate weekends, school holidays, and special occasions such as Christmas and New Year. The orders also stipulated locations for changeovers depending on the mother's residence.