Weekes and Pitcher (No.2)

This case concerned an application before Judge Terry regarding parenting arrangements for a child, X Weekes. The dispute involved the parents' differing views on the child's surname and the extent and nature of the father's time with the child, particularly in light of past family violence findings.

The court was required to determine several legal issues, including whether to authorise a change of the child's surname to include the father's surname, despite his lack of consent. Additionally, the court had to consider the child's best interests in relation to living arrangements, parental responsibility, and the specific time the child would spend with each parent, taking into account the impact of family violence and the child's attachments. The court also had to address communication protocols between the parents and the father's obligations regarding the child's address.

In reaching its decision, the court considered various factors under section 60CC of the Family Law Act 1975 (Cth), including the child's views (though none were evident), the nature of the child's relationships with each parent and other significant persons, and the extent to which each parent had taken opportunities to spend time with or communicate with the child. The court noted the child's primary attachment appeared to be to the mother, but she also showed affection towards the father. The court also weighed the potential impact of any changes on the child, particularly in relation to the father's proposed increase in overnight stays, considering it in light of family violence findings.

The court ordered that the child be known as X Pitcher-Weekes, authorising the mother to change the child's name on the birth register notwithstanding the father's lack of consent. The child was to live with the mother, who was granted sole parental responsibility, subject to certain conditions regarding major long-term issues and the father's involvement. Detailed orders were made for the child to spend time with the father, including specific arrangements for weekends, weekdays, school holidays, and significant dates like Christmas and birthdays, with provisions for communication and information sharing between the parents.