RITCHIE & FEAKS

In the matter of RITCHIE & FEAKS, Cleary J considered parenting orders concerning a child born in 2006. The dispute centred on the child's living arrangements and the extent of each parent's involvement in long-term decision-making, particularly given the child's severe autism and other medical issues, and the mother's role as primary carer.

The court was required to determine the child's primary residence and the nature and extent of the child's time with the father. Additionally, the court had to decide on the allocation of parental responsibility for long-term issues concerning the child's health, education, and welfare, considering the parents' ability to consult and cooperate.

Cleary J ordered that the child live with the mother, recognising her as the primary carer who best understands the child's complex needs. The court found that while separation from the mother would adversely affect the child, maintaining a relationship with the father was also important. Consequently, the child was to spend supervised time with the father once a month for two hours, initially with a professional supervisor for the first six occasions, with the father to bear the supervisor's fees. Following this initial period, and provided the paternal grandmother attended a minimum of four supervised sessions, supervision was to transition to the paternal grandmother. This supervised time was to be extended to a full day from 10 am to 6 pm after 12 months, with the paternal grandmother continuing supervision. Regarding parental responsibility, the mother was granted sole responsibility for all long-term issues, with consultation with the father only required for proposed changes to the child's school or current medical practitioners. The court also made detailed orders concerning the child's medical treatment, education, and financial support for special needs, including provisions for communication between the parents.