SOLWAY & LAWLER

This matter concerned orders made by Benjamin J in the Federal Circuit Court of Australia, relating to the parenting arrangements for a child, B, born in 2010. The parties involved were Ms Lawler, the mother, and Mr Solway, the father. The dispute revolved around the living arrangements, parental responsibility, and time the child would spend with each parent.

The court was required to determine the specific terms of parenting orders, including where the child would live, the division of parental responsibility for various aspects of the child's life such as religion, overseas travel, changes to primary residence, and medical treatment. Additionally, the court needed to establish the communication arrangements between the child and the father, the father's time with the child, and provisions for educational and medical information sharing. The orders also addressed the need for counselling and contact services, and imposed restraints on the parents' conduct towards each other and the child.

Benjamin J made orders by consent, discharging all extant orders. The child was ordered to live with the mother. Shared parental responsibility was ordered for specific significant decisions, including the child's religion, overseas travel, changing the child's primary place of residence from North/Western Tasmania, and major elective surgery or psychological/psychiatric treatment. The mother was granted sole parental responsibility for all other matters, including educational issues. The orders detailed specific times for the child to communicate with the father by telephone and outlined a schedule for the child to spend time with the father, including alternate weekends, school holidays, and specific public holidays, with provisions for adjustments to these arrangements over time. The court also ordered both parents to attend counselling and a children's contact service induction course, and imposed restraints on abusing, assaulting, or denigrating the other parent in the child's presence. All handovers were to occur at a designated children's contact service or an alternative location if unavailable. The orders incorporated a fact sheet detailing obligations, consequences of contravention, and assistance resources.