Uccello and Raslands

This matter concerned an application by the parents of a child, X, born in 2013, for orders regarding parental responsibility and time spent with the child. The dispute before Judge McGuire involved determining the most appropriate arrangements for X's upbringing, including where X would live and how time would be shared between the parents.

The court was required to determine several key legal issues. These included whether parents should have equal shared parental responsibility for X, where X's primary place of residence should be, and whether the mother should be restrained from relocating X's primary residence outside of a specified region without the father's consent. Additionally, the court had to establish a detailed schedule for X to spend time with and communicate with the father, and to determine the surname X would use.

In reaching its decision, the court ordered that the parents have equal shared parental responsibility for X. X was to live with the mother, who was restrained from moving X’s primary place of residence from the greater Region D municipalities without the father's written consent. The court then set out a comprehensive schedule for X to spend time with the father, which included specific arrangements for school terms, school holidays, and Christmas, with provisions for future adjustments and parental agreement. Finally, the court ordered that X be known by her given surname, Uccello, and restrained both parents from using or permitting X to use any other surname.