Pointer and Cheadle

This matter concerned parenting orders made by McClelland DCJ between Mr Pointer (the father) and Ms Cheadle (the mother) regarding their child, X. The dispute centred on the arrangements for the child's living situation, time spent with each parent, and parental responsibility.

The court was required to determine the primary caregiver for the child, the extent of parental responsibility to be allocated, and the specific arrangements for the child's time with each parent. Crucially, the court also had to consider conditions to be imposed on the mother's time with the child, including requirements for mental health treatment and compliance with therapist recommendations, and the consequences of non-compliance. Further issues included communication between the parents regarding the child, geographical restrictions on the mother, and the exchange of information about the child's health and education.

McClelland DCJ ordered that the child live with the father and that the father have sole parental responsibility. The mother's time with the child was made conditional upon her obtaining a Mental Health Care Plan, engaging with a therapist, and complying with treatment recommendations. Failure to comply with these conditions would result in the child spending time with the mother only on alternate weekends, as per a less extensive schedule. The court also issued injunctions restraining the mother from attending within 50 metres of the father's residence and the child's school, except under specific circumstances. Provisions were made for communication between the child and the mother, and for the father to keep the mother informed of significant decisions concerning the child. Both parents were restrained from making derogatory remarks about the other to the child or discussing court proceedings in the child's presence.