Nye and Novak

This matter concerned parenting orders for Child X, born in 2005, between the Mother and the Father. The court was required to determine the arrangements for the child's living situation, time spent with each parent, and various other aspects of their shared parental responsibility.

The court was tasked with determining the specific orders regarding equal shared parental responsibility, the child's living arrangements, and the time each parent would spend with the child. Additionally, the court needed to address provisions for therapy and counselling for both the child and the parents, the exchange of information regarding the child's health and education, and arrangements for passports and overseas travel. The court also considered orders relating to extracurricular activities and communication between the parents.

Judge Sexton discharged all previous parenting orders, with the exception of those made by consent on 23 June 2016. The court ordered equal shared parental responsibility for Child X, with the child to live with the Mother. Specific provisions were made for the child's time with the Father during school terms, alternating each week, with detailed arrangements for the recommencement of time after school holidays. Further orders mandated appointments with the child's therapist, and for both parents to engage in individual therapy, with the Independent Children's Lawyer to facilitate the exchange of relevant reports and orders. The court also extended the Independent Children's Lawyer's appointment and granted liberty to relist the matter.

The court also incorporated by consent and on a final basis, detailed orders made on 23 June 2016. These included specific arrangements for the child's living arrangements during school holidays, with equal division of time between the parents, and provisions for additional time with each parent on specific occasions such as birthdays and Father's Day/Mother's Day. The orders also stipulated how changeovers would occur, facilitated telephone communication, and outlined the rights and responsibilities of each parent regarding the child's health, education, passports, and overseas travel. Finally, the court made orders for both parents to complete parenting programs and engage in counselling to improve their parenting skills and communication, and imposed restrictions on discussing proceedings or speaking negatively about the other parent in the child's presence.