Smith and Duke

In the matter of Smith and Duke, Berman J of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for a child, B, born in 2006. The dispute centred on the future care and upbringing of the child, with the court ultimately determining the specific terms of the parenting orders.

The court was required to determine the extent of parental responsibility to be allocated to each parent, the primary residence of the child, and the nature and frequency of the child's time with the non-resident parent. Further issues included the communication protocols between the parents regarding the child's welfare, the facilitation of the child's contact with the father, and the provision of information about the child's education and health. The court also considered the discharge of previous orders and the appointment of an Independent Children's Lawyer.

Berman J ordered that the mother have sole parental responsibility for the child, subject to specific conditions requiring consultation with the father on major issues affecting the child's education and health, with the mother retaining the final decision-making power if agreement could not be reached. The child was ordered to live with the mother, and detailed provisions were made for the child to spend time with the father, including alternate weekends, school holidays, and specific public holidays, with consideration given to the child's wishes. The orders also stipulated communication requirements, the father's right to send correspondence, and the mother's obligation to facilitate contact and provide information regarding the child's schooling and health.

The court discharged all previous orders and removed the matter from the Active Pending List, dismissing all applications. Pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth), the orders included an annexed document detailing the obligations, consequences of contravention, and sources of assistance for compliance.