Olmos and Radev

This matter concerned an application by the mother and father regarding their child, X, born in 2010. The dispute centred on parenting arrangements, including the child's residence, time spent with each parent, and the mother's proposed relocation with the child to Sydney. The decision was made by Foster J.

The court was required to determine the appropriate orders for equal shared parental responsibility, the child's primary residence, and whether the mother should be permitted to relocate the child to Sydney. Further, the court needed to establish detailed arrangements for the child's time with the father, including during school terms and holidays, and provisions for communication between the child and the non-resident parent. The court also considered orders relating to international travel, the exchange of information regarding the child's health and education, and measures to promote positive co-parenting and communication.

Foster J made orders for equal shared parental responsibility, with the child to live with the mother. The mother was granted liberty to relocate the child to Sydney. The court then set out comprehensive orders for the child's time with the father, including specific arrangements for weekdays, weekends, school holidays, and public holidays, with provisions for changeovers in Town C. Orders were also made for electronic communication between the child and the non-resident parent, and for international travel with appropriate notification. The court further ordered that both parents be at liberty to obtain information about the child from various professionals and organisations, and to notify each other of medical attendances and significant health issues. Crucially, the parents were restrained from denigrating each other and were ordered to maintain updated contact details. The court also mandated a post-separation parenting course for the mother and referrals for psychological and therapeutic intervention for both parents, with the Independent Children's Lawyer to facilitate access to reports and monitor progress. The appointment of the Independent Children's Lawyer was continued for 12 months.