ROY & BIERMANN

In the matter of Roy & Biermann, Hannam J of the Federal Circuit and Family Court of Australia made orders concerning the parental responsibility and time arrangements for a child, B, born in 2003. The proceedings involved the mother and father of the child, with the court discharging all previous orders relating to B and establishing new arrangements for the child's living arrangements, time with each parent, and communication between the parents.

The court was required to determine the most appropriate orders for parental responsibility, the child's living arrangements, and the specific times the child would spend with each parent, including during school terms and holidays. Further issues included the method and location of changeovers between parents, provisions for direct communication between the child and the father, and restrictions on parental communication and attendance at each other's residences. The court also considered the father's right to access school and medical information, and prohibitions against denigrating the other parent or discussing court proceedings in the child's presence. Finally, the court addressed the mother's ability to relocate within a specified radius of the father's residence.

Hannam J ordered that the mother have sole parental responsibility for B, with B to live with the mother. The father was granted specific periods of time with B, including alternate weekends during school terms, designated weeks during school holidays, and specific arrangements for Christmas and New Year periods. Changeovers were to occur at the child's school or a designated restaurant, with specific protocols for collection and delivery. The father's time with B was suspended on Mother's Day weekend. The court also mandated direct telephone contact between B and the father, with the father to provide and pay for a mobile phone for the child, and the mother to ensure privacy during these calls. Parents were restrained from communicating with each other except in emergencies, and from attending each other's residences except in emergencies. They were also restricted from attending events where the child was involved unless the child was with them at that time. The father was permitted to obtain school and medical information directly, and both parents were ordered not to denigrate each other or discuss court proceedings in B's presence. The mother was permitted to relocate within a thirty-kilometre radius of the father's residence. All outstanding applications were dismissed.