Smeeden and Wulandri

This matter concerned parenting orders for a child, K, born in February 2002, between the father and the mother. The court was required to determine the future parenting arrangements for K, including issues of parental responsibility, living arrangements, and communication between the parents and the child.

The central legal issues before the court were how to best promote K's welfare and development, given the circumstances of the dispute between his parents. This involved determining the allocation of decision-making power regarding K's long-term care, welfare, and development, as well as establishing a schedule for K's time with each parent. The court also had to consider whether any restrictions on communication or contact were necessary.

Stevenson J ordered the discharge of all existing parenting orders. The father was granted sole parental responsibility for major long-term decisions concerning K, with an obligation to inform the mother of such decisions. Each parent was given sole responsibility for day-to-day decisions when K was in their care. K was ordered to live with the father, with specific, phased-in periods of time to be spent with the mother, commencing with supervised contact and gradually increasing to alternate weekends and then alternate weeks. The mother was restrained from approaching or communicating with K at his school or elsewhere until a specified date. The father was directed to arrange for K to see a psychologist, and the mother was ordered to deliver K to the father. The court also noted that particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet.