Sappington and Sappington (No 2)

This matter concerned orders made by Baumann J regarding the parental responsibility and living arrangements for a child, X, born in 2006. The dispute involved the mother and father and their respective intentions regarding the child's residence, with the mother intending to live in the E Region area and the father in Town S.

The court was required to determine the extent of equal shared parental responsibility for the child, specifically in relation to education, religious and cultural upbringing, health, name, and significant changes to living arrangements. The court also had to establish the child's living arrangements, the time the child would spend with the non-resident parent, and the mechanisms for information sharing between the parents regarding the child's health and education. Further issues included restraints on relocating the child's residence outside Queensland, removing the child from Australia, and changing the child's name.

Baumann J ordered that all previous orders be discharged and that the mother and father have equal shared parental responsibility for the child in relation to education, religious and cultural upbringing, health, name, and changes to living arrangements that significantly impact time with a parent. The court noted an existing injunction against relocating the child's residence outside Queensland and that the parents agreed the child would live with one of them, despite their differing intended locations. The child's living arrangements were to be agreed upon by the parents, taking into account the child's views, with the child to live with the mother in the first instance. The court also made detailed provisions for the child to spend time with and communicate with the non-resident parent, for the sharing of health and educational information, and imposed restraints on international travel and relocation within Queensland. Additionally, the court ordered that neither parent was permitted to change the child's name and that discussions about the proceedings with the child were prohibited.

The court further ordered that each parent keep the other informed of their contact details and that the parent with whom the child resides facilitate counselling if the child expresses a wish for it, notifying the other parent of the focus and provider. Provisions were also made regarding the child's passport, including the process for its issuance and holding, and an agreement that the child should not obtain a tattoo. The Independent Children's Lawyer was discharged 28 days after the making of these orders, subject to any appeal.