Stewart & Bain

The case of *Stewart & Bain* concerned parenting orders for a son born in September 1997. The dispute involved the father and mother regarding the child's living arrangements, time spent with each parent, and decision-making responsibilities. The court was required to determine the terms of future parenting orders, including the discharge of previous orders and the establishment of new arrangements for the child's care and communication.

The court's reasoning led to the establishment of equal shared parental responsibility for long-term decisions. The child was ordered to live with the father, with specific provisions for the child to spend time and communicate with the mother on alternate weekends, during school holidays, and on Mother's Day. Further orders addressed the father's obligation to inform the mother about the child's schooling and to authorise the mother's access to school activities. Both parents were also ordered to inform each other of any illness or emergency affecting the child and to authorise communication with treating health professionals.

Additionally, the court imposed restrictions on the parents, restraining them from taking the child to other psychologists or counsellors without the agreement of the Independent Children's Lawyer, and from causing the child to use or be known by any name other than his given name. The parents were also restrained from removing the child from Australia, with a request for the child's name to be placed on the Watch List and any existing passports surrendered. The court also discharged a previous Child Support Agreement and extended the appointment of the Independent Children's Lawyer. The final orders discharged all previous parenting orders and dismissed extant applications.