Whalan and Allan and Anor

This matter concerned orders made by Tree J in the Federal Circuit and Family Court of Australia concerning the child B, born in 2008. The proceedings involved the mother, the father, and the paternal grandmother, and the dispute centred on arrangements for parental responsibility, living arrangements, and contact between the child and both the father and the paternal grandmother.

The court was required to determine the extent of parental responsibility to be afforded to the mother, including any restrictions on her ability to relocate the child. Further, the court needed to establish a detailed schedule for the child's time with the father and the paternal grandmother, including the nature and location of that time, and the progression of contact arrangements over several months. The court also had to consider provisions for communication between the child and the father and paternal grandmother, as well as the role of the paternal grandmother in supervising contact.

Tree J ordered that the mother have sole parental responsibility for the child, with the significant caveat that she could not relocate the child away from Town D without the father's consent or a court order. The court also mandated a structured process for the mother to consult with the father on major long-term decisions. A phased approach to contact was established, commencing with supervised contact at a children's contact service and gradually transitioning to less supervised time with the father, with the paternal grandmother's involvement evolving from direct supervision to simply being present. The orders also included provisions for communication, holiday travel, and required all parties to attend parenting programs and therapeutic support. Furthermore, a Family Consultant was appointed to assist the parties in complying with the orders, and injunctions were issued restraining the parties from denigrating each other in the child's presence.