Tomkins and Faulkes

This case involved an application before Judge Monahan concerning parenting orders for a child, [X]. The dispute centred on the specific arrangements for the child's living arrangements, time spent with each parent, and related matters such as schooling and changeovers. The court was required to determine the precise terms of these orders, considering the welfare of the child.

The court was tasked with determining the specific orders regarding where the child, [X], would live and the schedule for [X] to spend time with each parent. This included establishing detailed arrangements for school terms, school holidays, and special occasions. Additionally, the court needed to address the child's schooling arrangements and the locations where changeovers between parents would occur, as well as imposing restrictions on the parties relocating.

The court made final orders that discharged certain previous orders and established new arrangements for the child's residence with the mother from 25 February 2019. It then set out detailed provisions for the child spending time with the father during school terms and holidays, including specific dates and alternating arrangements for long summer holidays. The orders also mandated the child's enrolment and attendance at a specific public school in Town B, and stipulated the locations for changeovers between parents. Further provisions addressed potential relocation by either parent, with conditional orders suspending or altering the primary arrangements. The court also ordered that the parties be restrained from relocating to any city other than Town B or Sydney, unless by written agreement or further court order.