Ritterman & Ritterman and Anor (No. 2)

In the matter of *Ritterman & Ritterman and Anor (No. 2)*, heard before Barry J of the Family Court of Australia, the applicant father sought interim parenting orders concerning the parties' child, O, who had high medical needs. The dispute also involved property matters, specifically the sole use of the former matrimonial home pending its sale. The court considered applications for orders relating to the child's medical treatment and parental responsibility for medical decisions, as well as the father's application for sole use of the former matrimonial home.

The legal issues before the court included whether to make orders requiring the father to attend at the child's treating practitioners, and whether to grant sole parental responsibility for medical decisions to one parent. The court also had to determine whether the father should have sole use and possession of the former matrimonial home and the parties' boat until the property was sold, considering his demonstrated ability to maintain the property.

Barry J noted that while the child had high medical needs, there was no evidence that the father had been neglectful in obtaining treatment in the past, nor that he had previously failed to consult with medical practitioners when caring for the child. The court also considered that making orders for the father to attend at all medical appointments could cause high conflict between the parties. Consequently, no order was made for sole parental responsibility for medical decisions, nor for the father to attend at all treating practitioners. However, the father provided undertakings regarding the child's care and medical advice, and the court ordered that he have sole use and possession of the former matrimonial home and the parties' boat pending sale, acknowledging his superior ability to maintain these assets.

The court made interim orders that the child, O, live with the Mother and that the parties share equal parenting responsibility. Specific time arrangements were set out for the child to spend time with and communicate with both parents, including provisions for birthdays and Father's Day. Changeover arrangements were detailed, and the mother was not to be present for certain changeovers. The parties were granted liberty to attend meetings together regarding the child at schools or with healthcare practitioners, and were ordered to use a communications book and attend family counselling. Both parties were also ordered to attend an Advanced First Aid Course. Costs were reserved, and the proceedings were adjourned for a case management review.