Ratcliffe and Fenwick

This matter concerned parenting orders for a child born in 2012, brought before Judge Phipps. The dispute involved the arrangements for the child's time with each parent, both before and after the child commenced primary school. The court was tasked with determining the specific orders regarding parental responsibility, living arrangements, and time spent with each parent, as well as ancillary matters concerning communication, medical information, and travel.

The court was required to determine the most appropriate parenting arrangements for the child, considering the child's best interests. This involved establishing equal shared parental responsibility and outlining a detailed schedule for the child's time with each parent, which varied depending on whether the child had commenced school. The court also had to address practical considerations such as changeover locations, communication between parents, and the exchange of important information regarding the child's health and education. Furthermore, the court needed to consider provisions for holidays, birthdays, and potential relocation of the child.

Judge Phipps ordered the discharge of all previous parenting orders and established equal shared parental responsibility for the child. The court then set out a comprehensive schedule for the child's time with each parent, differentiating between the period before school commencement and the period after. This schedule included specific days and times for each parent, provisions for holidays, birthdays, and other significant events, with mechanisms for resolving disagreements. The orders also included injunctions restraining parents from denigrating the other parent in the child's presence, requirements for a communication book, and provisions for notification of addresses and medical information. The court also addressed travel arrangements, including a specific provision for the father's intended travel, and stipulated that neither parent could relocate the child outside Victoria or travel with the child outside Australia without the other's written consent. The appointment of an Independent Children's Lawyer was discharged.