PADMORE & MACLEAN

This matter concerned an application by the mother for sole parental responsibility for the child, [X], and specifically sought an order permitting her to take the child on school holidays during the school term with the permission of the school. The court was presided over by Judge McNab.

The legal issues before the court were whether to grant the mother sole parental responsibility, and whether to permit her to take the child on school holidays during term time, contingent on school permission. The court was also required to determine the specific arrangements for the child's time with each parent, including during school holidays and special occasions, as well as orders relating to the child's education, health, and overseas travel.

The court ultimately made orders for equal shared parental responsibility, with the child to live with the mother. The orders detailed specific arrangements for the child's time with the father, including alternate weekends during school terms and half of all Victorian gazetted school holiday periods, with specific provisions for the division of these holidays in even and odd-numbered years. Special occasions, such as birthdays and public holidays, were also allocated with specific provisions for each parent. The court also made orders regarding the child's education, health, and overseas travel, including requirements for written notice and documentation for international travel. Injunctions were granted restraining both parents from denigrating the other or discussing proceedings in the child's presence, and from consuming alcohol or drugs above a specified blood alcohol content during periods of care. The application for sole parental responsibility was dismissed.