TIPPER & TODD

This matter concerned parenting orders for a child, X, born in 2012, who was living with his father. The proceedings involved allegations of family violence and mental health issues. The court was required to determine the best interests of the child in light of these circumstances and to make appropriate orders regarding parental responsibility and the child's living arrangements and time with each parent.

The court's primary consideration was the best interests of the child. It was required to balance the need for stability and the father's sole parental responsibility for long-term decisions with the mother's ongoing involvement in the child's life. The court also had to address the practicalities of shared parenting, including communication, the exchange of information, and the facilitation of time spent with each parent. Furthermore, the court was tasked with making orders concerning the costs of the Independent Children's Lawyer.

In its reasoning, the court discharged previous parenting orders and made new orders that granted the father sole parental responsibility for long-term decisions concerning X's care, welfare, and development, including education, religion, health, and residence within Australia. However, the father was required to consult with the mother in writing regarding such decisions and give proper consideration to her views, except in emergencies. The mother was granted specific parental responsibility for health professionals to obtain urgent medical treatment for X when he was with her and to receive information about his health. Both parents were ordered to exchange detailed information about X's health and education providers and appointments. The court also established a detailed schedule for X to spend time with the mother, including provisions for school holidays and special days, and outlined communication protocols. Injunctions were imposed on both parents restraining them from criticising each other in the child's presence. The mother was ordered to complete a "Circle of Security" course, and both parents were ordered to contribute to the costs of the Independent Children's Lawyer.