SEVGI & CHAFFEN

This matter concerned parenting orders for a child born in 2007, brought before Judge Middleton. The dispute involved the father's application for orders regarding his time with the child and the mother's application for sole parental responsibility and for the child to live with her. The court was required to determine who should have sole parental responsibility for the child, where the child should live, and the nature and extent of the time the child would spend with the father, including whether coercive orders and injunctions were appropriate.

The court reasoned that the mother should have sole parental responsibility and that the child should live with her. In making these orders, the court applied the paramount consideration of the child's best interests. The court ordered that the child spend long-term supervised time with the father, with an incremental progression of that time. This included supervised contact through a contact service, regular telephone and video calls, and, upon the child turning 13 and provided the earlier orders were complied with, increased daytime time during school holidays. Crucially, the court also made significant injunctions restraining the father from removing the child from school or other care arrangements, from contacting or coming into the presence of the child and mother except as ordered, and from attending their home or school. The mother was authorised to travel internationally with the child and to obtain a passport for the child without the father's consent. Both parties were restrained from discussing the proceedings with the child or denigrating the other parent.