Nevis and Galbraith

This matter concerned parenting orders made by McEvoy J in the Federal Circuit and Family Court of Australia. The dispute involved the mother and father of a child, X, born in 2014, regarding the arrangements for their child's care and time spent with each parent.

The court was required to determine the specific terms of parental responsibility, the child's living arrangements, and the detailed schedule for the child to spend time with both the mother and the father. This included provisions for school terms, school holidays, public holidays, birthdays, and arrangements for interstate and overseas travel. The court also addressed communication between parents regarding the child's health and education, as well as injunctions to prevent disparaging remarks about the other parent in the child's presence.

McEvoy J made orders establishing equal shared parental responsibility for the child. The child was ordered to live with the mother and commence primary school at a specified school. The orders then set out a comprehensive schedule for the child to spend time with the father, detailing specific days, times, and cycles for school terms and holidays, including provisions for changeovers and public holidays. Further orders addressed interstate and overseas travel, passport arrangements, notification of address changes, and restrictions on enrolling the child in extracurricular activities that might impinge on the other parent's time without consent. Injunctions were also granted restraining the parents from discussing the proceedings or denigrating each other in the child's presence. All extant parenting orders made on previous dates were discharged, with specific exceptions noted.