Paynter and Anor and McDonald

This matter came before Judge Harland concerning the parenting arrangements for a child, X, born in 2009. The parties involved were Ms McDonald, the mother, and the paternal grandparents, Mr and Mrs Paynter. The dispute centred on the time X would spend with the paternal grandparents and the terms of their communication and contact.

The court was required to determine the specific arrangements for X to spend time with the paternal grandparents, including the frequency, duration, and location of such time. Additionally, the court needed to establish the parameters for communication between X and the paternal grandparents, including the use of technology. The court also had to consider provisions for interstate travel with X, the responsibilities for travel costs, and the practical arrangements for collection and return of the child. Further issues included the requirement for each party to maintain functional communication equipment, the prohibition of denigration of a parent in the child's presence, and specific restrictions regarding sensitive materials related to the child's deceased father.

The orders made by the court were by consent in relation to the primary residence and parental responsibility of X, with X to reside with Ms McDonald and Ms McDonald to have sole parental responsibility. The court then made detailed orders regarding the time X would spend with the paternal grandparents, commencing from September 2013 and extending through the January 2016 holidays, with specific provisions for school holidays and interstate travel. Communication arrangements were also outlined, including scheduled Skype calls and the initiation of contact by the grandparents. The court also imposed restraints on the grandparents regarding the sharing of the mother's contact details and the showing of specific notes written by the father to X. Provisions were made for the practicalities of contact, including collection and return points, travel costs, and accommodation arrangements for X when staying overnight with the grandparents. The court also included a standard clause regarding the particulars of obligations and consequences of contravention under section 65DA(2) of the *Family Law Act 1975*.