Silk and Hopgood and Ors

This matter concerned an application by Ms Silk and Ms Hopgood (the mother) before Flohm J, concerning parenting orders for a child, B. The dispute involved the discharge of previous settlement terms and the establishment of new arrangements for parental responsibility and time spent with the child.

The court was required to determine the appropriate orders for parental responsibility concerning major long-term issues for the child, B. It also needed to establish the specific arrangements for the mother and the father to spend time with the child, including the frequency, duration, and conditions of that time. Further issues included the parties' obligations regarding communication, the child's schooling, and the role of the Department of Community Services (DOCS) in monitoring and facilitating these arrangements.

Flohm J discharged previous settlement orders and made new orders reflecting a significant shift in parental responsibility. Ms Silk was granted sole parental responsibility for major long-term decisions concerning B. The court then detailed specific, alternating time arrangements for the father and the mother, with the father having sole responsibility for the child's daily care during his periods of time. The orders also included provisions for telephone contact, specific arrangements for birthdays and holidays, and a requirement for the father to consult DOCS before seeking variations to his time. The court also imposed strict prohibitions on denigrating other parties, discussing proceedings with the child, and contact with a Mr R. DOCS was requested to monitor the placement and time spent with all parties for 12 months and to assist with referrals to support services. The court noted the intention for siblings P and T to spend time with the father concurrently with B.