REGINALD & REGINALD

This matter concerned parenting orders made by consent between the mother and father of a child born in 2011. The court was asked to determine the terms of final parenting orders, including arrangements for the child's residence, time with each parent, and parental responsibility, particularly concerning medical decisions.

The central legal issues before the court were how to structure parental responsibility, specifically granting the father sole responsibility for medical decisions while maintaining equal shared parental responsibility for other matters. The court also had to consider the child's attendance at medical appointments, including those with a paediatrician, and ensure that the mother could attend to medical emergencies or necessary appointments as directed by the father or agreed upon by both parents. Furthermore, the court was required to establish a detailed schedule for the child's time with the father, encompassing weekends, school holidays, birthdays, and specific public holidays, as well as communication arrangements.

Hartnett J applied principles of family law concerning parenting arrangements, aiming to promote the child's best interests. The court made orders by consent, discharging all previous parenting orders. It established equal shared parental responsibility for the parents, with the exception that the father would have sole parental responsibility for medical decisions. The orders stipulated that the father would be responsible for all medical invoices and fees. Provisions were included to allow the mother to seek medical attention for the child in emergencies or as directed by the father, and to attend appointments following consultation and agreement with the father. The court also ensured the continuation of the child's attendance with a specific paediatrician until the practitioner deemed it no longer necessary.

The final orders dictated that the child would live with the mother and spend three out of four weekends with the father during school terms, with specific communication arrangements, including telephone calls. Detailed provisions were made for the child's time with the father during school holidays, including Christmas and Easter, and for the child's birthday. The orders also addressed arrangements for Mother's Day and Father's Day, parental birthdays, changeovers, and the exchange of medical and school information. Finally, the court included orders restraining the parents from denigrating each other in the child's presence and noted the child's current preference for telephone contact with his father.