Noirot and Lamereaux

Bell J made orders concerning the parental responsibility and living arrangements for the parties' son, T. The dispute concerned the future residence of the child and the terms of contact and communication between the child and each parent.

The court was required to determine the appropriate orders for shared parental responsibility, the child's primary residence, and the specific arrangements for the father's time with the child, including communication and the exchange of information between the parents. The court also had to consider the practicalities of the child living in France and the associated costs of travel.

Bell J ordered that the parties have equal shared parental responsibility for major decisions concerning T. The mother was granted responsibility for the child's day-to-day care and development when he was with her, and the father when he was with him. The court ordered that T live with the mother in France, with specific provisions for the father's time with the child during school holidays and term time, and detailed communication arrangements including telephone, webcam, and email. The mother was permitted to enrol T in school in France and sign all necessary documents. The parties were to share the costs of T's airfares equally, with the mother meeting the cost of T's accompaniment to Australia for the 2010 summer holidays. The court also included provisions for the exchange of information regarding T's welfare, education, and medical needs.