Stuckey and Ferrier

The case of Stuckey and Ferrier involved a dispute between the parents of a child, [X], concerning parenting arrangements. The matter came before Judge Small.

The court was required to determine the specific orders regarding the child's parental responsibility, residence, and time spent with each parent. Key issues included how major decisions would be made, where the child would live, and the detailed arrangements for the child's contact with the father, including during school terms, holidays, and special occasions. The court also had to consider provisions for communication, school-related matters, medical care, and injunctive relief to protect the child from parental conflict.

Judge Small made orders establishing equal shared parental responsibility, with the mother having final decision-making power on major issues if agreement could not be reached after family dispute resolution. The child was ordered to live with the mother, who was permitted to remain in Town A. However, if the mother chose to relocate, it had to be within the Melbourne Metropolitan Area, within 30 kilometres of the father's residence, with specific exceptions if the father moved further away. Detailed provisions were set out for the child's time with the father, both while living in Town A and if the child relocated to Melbourne, encompassing weekends, weekdays, school holidays, and specific public holidays. The orders also included provisions for changeovers, the father's access to school and medical information, and injunctions restraining the parents from denigrating each other or discussing the proceedings in the child's presence. Further orders mandated the mother to attend to her mental health with her general practitioner and potentially a psychiatrist.