Peters and Allen

In the matter of Peters and Allen, Monteith J considered an application concerning the parental responsibility and living arrangements for a child, M, born in September 1997. The dispute centred on how the parents would share decision-making regarding their child and the nature of their ongoing contact and communication.

The court was required to determine the extent of each parent's parental responsibility, including who would have the ultimate say in significant decisions concerning the child's upbringing. Further, the court had to establish the child's primary residence and the terms of communication and contact between the child and the non-resident parent. The court also needed to address the practical arrangements for information sharing regarding the child's health and education, and the conduct expected of each parent in relation to the other.

Monteith J applied principles of family law concerning the best interests of the child. The court's reasoning led to orders granting the mother sole parental responsibility for the child, M, while stipulating that she must keep the father informed of decisions made under this responsibility. The child was ordered to live with the mother. The court also made detailed provisions for communication between the father and the child, including written communication on special occasions, and for the sharing of information regarding the child's health and education. Crucially, the court imposed a reciprocal obligation on both parents to refrain from denigrating the other parent to or in the presence of the child.