Rhine and Malak

This matter concerned parenting orders for a child, X, born in 2011, between the child's mother, Ms Rhine, and the child's father, Mr Malak. The court was required to determine the arrangements for the child's living arrangements, parental responsibility, special occasions, school holidays, education, medical care, and communication between the parents.

The court was asked to determine the extent of equal shared parental responsibility, the specific living arrangements for the child during school terms and holidays, and the allocation of time for special occasions such as birthdays and public holidays. Further issues included provisions for the child's education and medical care, and the manner in which the parents should communicate with each other and behave in relation to the child.

Gill J ordered that all previous parenting orders be discharged. The court made orders for equal shared parental responsibility, with each parent having day-to-day parental responsibility when the child lives with or spends time with them. Specific living arrangements were detailed, including a schedule for school terms where the child lives with the mother from Thursday after school until Monday morning, and with the father at all other times. Provisions were also made for public holidays, special occasions including Father's Day, Mother's Day, Christmas, and Easter, and for the child's birthday. The orders also stipulated arrangements for mid-term and end-of-year school holidays, alternating between the parents in even and odd-numbered years. Further orders addressed the parents' rights and responsibilities regarding the child's education and medical care, including information sharing and communication protocols. Finally, the court imposed restraints on the parents from denigrating each other or discussing the proceedings in the child's presence.