Tomov and Tresler

In the matter of Tomov and Tresler, heard by Judge Baker, the court was asked to determine orders concerning parental responsibility, living arrangements, communication, special days, holidays, changeovers, school enrolment, and various injunctions and responsibilities for the child [X]. The dispute centred on the arrangements for the child following the separation of the parents, Mr Tomov (the father) and the mother.

The legal issues before the court included the allocation of parental responsibility, the specific schedule for when the child would live with each parent, provisions for communication between the child and the non-resident parent, arrangements for special days and holidays, and the process for changeovers. The court also had to consider orders relating to the child's education, including enrolment at a specific school, and various injunctions and responsibilities designed to protect the child's welfare, including restrictions on substance use, requirements for the mother's mental health treatment, and prohibitions against negative comments about the other parent.

The court ordered that the father have sole parental responsibility for the child, outlining a process for the father to propose decisions regarding the child's education, health, and welfare, and requiring him to engage in family dispute resolution if the mother disagreed. Specific living arrangements were established, detailing a fortnightly schedule where the child would live with the father for six nights and the mother for eight nights. Provisions were made for communication, school holidays, and the division of special days and holidays, including Christmas and birthdays, with alternating arrangements for certain periods. The court also imposed injunctions on both parents regarding substance use and on the mother concerning alcohol consumption. Furthermore, the mother was ordered to continue engaging with mental health professionals and follow their recommendations. The court also made orders to prevent either parent from speaking negatively about the other to the child and to ensure the child's exposure to family violence was prevented.