Spain and Spain

This matter concerned parenting orders for M Spain, born in February 2003, between his parents, Ms Spain (the mother) and Mr Spain (the father). The dispute involved the arrangements for the child's residence and time with each parent, as well as various ancillary matters concerning communication, relocation, and discipline. The orders were made by Justice Le Poer Trench.

The court was required to determine the specific terms of parenting orders, including the allocation of parental responsibility, the child's living arrangements with each parent, and provisions for special occasions such as Christmas and birthdays. Additionally, the court addressed issues such as the mother's ability to relocate the child, the parents' obligations regarding communication and attendance at school events, and the prohibition of corporal punishment. The court also considered the use of a communication book and the requirement for parties to attend a Relationship Centre before commencing further court proceedings.

Justice Le Poer Trench discharged all prior orders and made new orders for equal shared parental responsibility. The court detailed specific arrangements for the child's residence with each parent, which varied depending on the child's age and the proximity of the father's residence to the mother's and the child's school. These arrangements included provisions for alternate weekends, mid-week time, school holidays, and special occasions. The court also imposed restrictions on the mother relocating the child outside the Lake Macquarie/Newcastle area without the father's consent and mandated that changeover sites not be police stations within six months. Further orders required parents to provide notice of address changes, to ensure the child spent time with his sister and the father's new family during specific periods, and to encourage telephone contact. The court also prohibited corporal punishment and stipulated that future disputes be addressed through a Relationship Centre before court intervention.