WALDRON& JENNISON

This matter concerned a dispute between Ms Waldron (the mother) and Mr Jennison (the father) regarding the parental responsibility and living arrangements for their child, B. The case was heard by Faulks DCJ.

The court was required to determine whether the presumption of equal shared parental responsibility should apply, given the parents' inability to cooperate and make decisions together, and whether such an application would be in the child's best interests. Additionally, the court needed to consider the arrangements for B to live with and spend time with each parent, taking into account the child's wishes and the existing substantial and significant time spent with the father.

Faulks DCJ found that the presumption of equal shared parental responsibility was rebutted because it was not in B's best interests for the parents to share joint responsibility for long-term decisions, given their demonstrated inability to cooperate. Despite this, the court considered that B could still spend substantial and significant time, and ultimately equal time, with each parent. The court noted the parents' commitment to equal time and the child's expressed wish to spend equal time with each parent.

The court ordered that the mother have sole parental responsibility for the long-term care, welfare, and development of B, with specific provisions for the father to be informed about B's health, schooling, and major life events. The parents were to have sole responsibility for the day-to-day care of B when the child was with them. The orders detailed a phased approach to B spending time with his father, commencing with six days per fortnight and progressing to equal time (alternating weeks) from the end of school Term 2 in 2012. Specific arrangements were also made for school holidays and special days, along with provisions for communication, consultation on major decisions, and restrictions on criticism of the other parent.