Shivas and Darby (No 2)

This matter concerned parenting orders for a child, J, born in 2009, between the mother and the father. The court was required to determine the arrangements for J's living situation, time spent with each parent, and parental responsibility for long-term issues, including education.

The court was asked to consider the division of parental responsibility, specifically for long-term welfare and development issues, and for educational matters. It also needed to establish a living arrangement for the child and set out a detailed schedule for the child's time with each parent, including during school holidays and special occasions like Father's Day and Mother's Day. Further issues included communication protocols between the parents, the exchange of information regarding the child's schooling and welfare, and restrictions on negative commentary about each other in the child's presence.

Cleary J discharged all prior parenting orders and made new orders. The mother was granted parental responsibility for long-term welfare and development issues, other than education, with specific steps outlined for her to consult the father. Both parents were granted equal shared parental responsibility for the child's education. The child was ordered to live with the mother, with a detailed schedule for time spent with the father, commencing from December 2014 and extending into 2015 and beyond, with specific provisions for school holidays and weekends. The orders also included provisions for communication, the exchange of school-related documents, and restrictions on disparaging remarks. The Independent Children's Lawyer was discharged after providing the orders to relevant parties.