Sharpe and Anstey

This matter concerned parenting orders for a child born in 2008, brought before Judge Willis. The dispute revolved around the allocation of parental responsibility and the arrangements for the child's time with each parent, as well as communication and other specific matters.

The court was required to determine whether the presumption of equal shared parental responsibility should be rebutted, and if so, how parental responsibility should be allocated. Further issues included the specific arrangements for the child's residence, time spent with each parent, communication between the parents, and various restraints to be placed upon the father concerning his interactions with the child and medical decisions.

Judge Willis declared that the presumption of equal shared parental responsibility was rebutted in the best interests of the child. The mother was granted sole parental responsibility for major long-term issues, subject to a requirement to consult with the father in writing before making final decisions. The mother also received sole parental responsibility for day-to-day care, welfare, and development decisions. The father was subject to significant restraints, including being prohibited from taking the child to medical appointments or receiving medical information, except in true emergencies, and was required to follow the mother's medical decisions. The child was ordered to live with the mother, with specific provisions for the father's time, including weekends, midweek contact, and holiday periods, with changeovers to occur via a contact centre until the child commenced school. Communication between the parents was to be primarily via email, with limited telephone contact for the father. The father was also restrained from recording communications or handovers and from discussing litigation with the child.