Tusk and Scailer

This matter concerned the parenting arrangements for a child, S, born in February 2005, between the child's mother and father. The court was required to determine the specific orders regarding the child's residence, time spent with each parent, communication, surname, and the registration of paternity.

The court was asked to determine the legal issues surrounding the allocation of parental responsibility, the primary residence of the child, the quantum and nature of time the child would spend with each parent, and provisions for communication between the child and each parent. Further issues included the child's surname, the formal recognition of the father's paternity, and the parties' obligations regarding post-separation parenting programs, notification of contact details, and medical emergencies. The court also considered orders restraining denigration of a parent and the discharge of the Independent Children's Lawyer.

Justice Austin ordered the discharge of all former parenting orders and established equal shared parental responsibility. The child was to live with the mother, with specific, detailed arrangements for the child to spend time with the father during school terms and holidays, including Christmas. Provisions were made for the handover of the child and for private telephone communication between the child and each parent. The court also ordered that the child be known by the surname "Tusk" and that the father's paternity be registered on the child's birth certificate. The parties were ordered to enrol in and complete a post-separation parenting program, to exchange contact details, and to notify each other of medical emergencies. Crucially, both parties were restrained from denigrating the other in the child's presence. The Independent Children's Lawyer was discharged upon the expiry of the appeal period, and all outstanding applications, save for one, were dismissed.