Strang and Prentice

This matter concerned parenting orders for a child, X, born in 2000, between the father and mother. The proceedings were before Judge Willis.

The court was required to determine the living arrangements for the child and the arrangements for the child to spend time with each parent. Further, the court needed to establish a process for resolving future disagreements regarding long-term issues concerning the child. The court also considered the role of a Family Consultant and an Independent Children’s Lawyer in explaining the orders to the child and the parents' responsibilities in relation to these appointments.

Judge Willis made orders that the child X would live with the father. The child would spend time with the mother at all times as agreed in writing between the parties, and failing agreement, on alternate weekends from Saturday morning to Sunday afternoon, with provisions for public holidays. A detailed process was established for resolving disagreements on long-term issues, requiring consultation with a Family Dispute Resolution Practitioner, with specific steps for nomination and selection of a practitioner if the parties could not agree. The court also ordered that a Family Consultant, in the company of an Independent Children’s Lawyer, meet with the child to explain the court's orders, and that both parents ensure the child attends these appointments. The parents were granted leave to provide certain reports to their counsellors and were ordered to attend a Post Orders Parenting Program, providing certificates of attendance to each other. The Independent Children’s Lawyer was to be discharged upon compliance with the order to meet with the child.