Terzi and Bourke

This matter concerned parenting orders for a child born in 2010, involving the father, Mr Terzi, and the mother, Ms Bourke. The court was required to determine the arrangements for the child's parental responsibility, living arrangements, and time with each parent, as well as specific orders regarding communication, special days, and prohibitions on certain behaviours. The orders also addressed the involvement of the paternal grandmother in the child's care and education.

The court was tasked with establishing a comprehensive parenting plan that addressed shared parental responsibility, including the notification of relevant agencies and professionals. Key issues included defining the child's primary residence, the specific times the child would spend with each parent during school terms and holidays, and arrangements for special days such as birthdays, Christmas, and Easter. The court also considered injunctions relating to alcohol and drug use, denigration of parents, and the unsupervised care of the child by the mother's partner.

Benjamin J made orders vacating previous parenting orders and establishing shared parental responsibility between the father and mother. The child was to primarily reside with the father, with specific periods of time allocated to the mother, which varied depending on whether the child was attending full-time school. The orders detailed arrangements for school holidays, including an alternating system for Christmas holidays. Notably, by consent, the father was to reside with the child at the paternal grandmother's residence for two years, and the paternal grandmother was to be involved in communication with the child's medical practitioners and school. Injunctions were imposed restraining both parents from being adversely affected by alcohol while caring for the child, from exposing the child to individuals under the influence of illicit drugs or excessive alcohol, and from denigrating each other or family members in the child's presence. The mother was also restrained from leaving the child in the unsupervised care of her partner. The court also dismissed certain applications and extended the appointment of the Independent Children's Lawyer.