Sitch and Jacobs

In the matter of Sitch and Jacobs, heard by Judge Antoni Lucev, the dispute concerned parenting orders for the child of the marriage, X. The specific arrangements for the child's living arrangements, parental responsibility, and time spent with each parent were at issue.

The court was required to determine the primary residence of the child, the extent to which the parents would share parental responsibility, and the detailed schedule for the child's time with the father, including weekends, mid-week contact, school holidays, Christmas, Father's Day, and the child's birthday. Further issues included the child's communication with parents, the father's right to receive school communications, his liberty to attend school functions, and prohibitions against interviewing the child regarding abuse allegations without agreement or court order. The court also had to consider orders restraining both parents and their associates from discussing proceedings with the child or denigrating the other parent.

Judge Lucev made orders that the child, X, would live with the Mother and that both parents would share equal parental responsibility. The orders then set out a comprehensive schedule for the child's time with the Father, encompassing alternate weekends, mid-week contact, specific arrangements for school holidays and Christmas, Father's Day, and the child's birthday, with provisions for communication and the Father's access to school information and functions. Crucially, the court ordered that neither parent, nor their associates, could discuss the proceedings with the child or denigrate the other parent to the child. The court also restrained both parents from having the child interviewed by a psychologist, counsellor, or medical practitioner regarding abuse allegations, except by mutual agreement, court order, or in an emergency. The court dismissed all extant proceedings, discharged the Independent Children's Lawyer, and noted the application of sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). The issue of costs was to be determined on the papers if sought by either party.