Taggart and Vlahos

In the matter of Taggart and Vlahos, Baumann J of the Family Court of Australia determined orders concerning the living arrangements and parental responsibilities for a child. The dispute centred on the welfare of the child, X, born in 2009, and the appropriate arrangements for their care and contact with both parents.

The court was required to determine a range of issues including where the child would live, who would have parental responsibility for long-term decisions, and the nature and extent of contact between the child and the mother. Further, the court had to consider the child's therapeutic needs, the communication protocols between the parents, and the geographical location of the child's residence and schooling. Injunctions were also sought to restrain certain behaviours of both parents concerning the child.

Baumann J ordered that the child live with the father and that the father have sole parental responsibility for major long-term decisions, subject to an obligation to consult the mother in writing before making such decisions. The court significantly restricted the child's time and communication with the mother until 1 July 2020, with specific exceptions for cards and gifts. The father was ordered to facilitate ongoing therapy for the child with a named psychologist and was made responsible for the costs. Crucially, the mother was restrained by injunction from contacting the child physically or electronically and from attending at the child's school. The father was also restrained from discussing court proceedings with the child, making denigrating remarks about the mother to the child, or engaging the child in further police or child safety investigations without specific consent. The court also made orders regarding the child's residence and schooling, and directed that a Family Consultant explain the orders to the child and facilitate the handover to the father. The proceedings were listed for further case management.