Waters and Starkey

This matter concerned parenting orders made by Watts J in the Federal Magistrates Court of Australia. The proceedings involved the mother and father of a child, L, born in August 2006, and concerned the arrangements for the child's care and the allocation of parental responsibility.

The court was required to determine the terms of parenting orders that would best serve the child's welfare and development. This involved making decisions regarding the allocation of sole parental responsibility, the extent of consultation required between the parents on long-term decisions, and the specific day-to-day living arrangements for the child, including holiday and birthday arrangements. The court also needed to address communication protocols between the parents, provisions for medical emergencies, and arrangements for interstate travel.

Watts J made orders that allocated sole parental responsibility to the mother, while requiring her to consult with the father on major long-term decisions concerning the child's welfare, including health, religious and cultural upbringing, education, change of name, and significant changes to living arrangements. The orders detailed specific, alternating living arrangements for the child between the parents, including provisions for holidays and birthdays. Further orders addressed communication, notification of medical issues, travel, and the prohibition of denigration of either parent. The court also ordered the father to pay half of the Independent Children's Lawyer's costs.