Raburn and Gabelman

In the matter of Raburn and Gabelman, heard by Judge Monahan, the dispute concerned parenting orders for a child born in 2018. The primary issues before the court were the arrangements for the child's living situation, time spent with each parent, and the mother's proposed relocation with the child to Canberra.

The court was required to determine whether to discharge previous parenting orders, establish equal shared parental responsibility, and make orders regarding the child's residence and time with each parent. A key legal issue was the mother's application to relocate with the child to Canberra, which was made conditional upon her securing employment and lodging a visa application. The court also had to consider the practical implications of such a relocation on the father's time with the child and establish specific arrangements for communication and information sharing between the parents.

The court ordered that previous parenting orders be discharged, with the exception of one specific paragraph. It established equal shared parental responsibility, with the child to live with the mother. The mother was permitted to relocate with the child to Canberra, subject to her providing an affidavit confirming an employment contract and lodging a specific visa application. Detailed provisions were made for the child's time with the father, both in Canberra and Sydney, depending on the child's residence. The orders also included provisions for communication between the parents, access to the child's medical information, and prohibitions against denigrating each other in the child's presence or discussing the proceedings with the child. The matter was listed for further directions hearings.