White & Andrews (No. 2)

Dessau J of the Family Court of Australia made orders concerning the parenting arrangements for a child born in December 1999, following a dispute between the child's parents, White and Andrews. The proceedings involved the discharge of previous parenting orders and the establishment of new arrangements for parental responsibility, the child's residence, and time spent with each parent.

The court was required to determine several key issues, including the extent of equal shared parental responsibility, the specific arrangements for the child's residence and time with each parent, and provisions for communication and changeovers. Additionally, the court considered matters relating to the child's religious upbringing and schooling, potential travel overseas, and the need for restraints on parental conduct and school property access. The court also addressed the discharge of an Airport Watch List Order and the holding of the child's passport.

In its reasoning, the court applied principles under the *Family Law Act 1975* (Cth), considering the child's best interests, maturity, and wishes. The court noted the child's ability to cope and maintain good relationships with both parents, and that the proposed changes were relatively minor. Specific provisions were made for the child to live with the wife and spend time with the husband, with detailed arrangements for weekends, school holidays, and special occasions. The court also implemented measures to facilitate communication and minimise conflict, including requiring written notice for changes in arrangements and restraining parents from denigrating each other in the child's presence. The court also addressed the father's access to the child's school and travel arrangements, including the discharge of an Airport Watch List Order and the holding of the child's passport by the court pending further order.

The court ordered the discharge of all previous parenting orders. The husband and wife were to retain equal shared parental responsibility, subject to specific procedures for changes to the child's religious upbringing or school, where the wife would have sole decision-making power if agreement could not be reached. The child was to live with the wife, and detailed orders were made regarding the husband's time with the child, including alternating weekends, school holidays, birthdays, and communication. Restraints were placed on the husband entering school property, except for specific events, and both parents were restrained from denigrating each other to the child. The Airport Watch List Order was discharged, and the child's passport was to be held by the court. Travel provisions were made, requiring notice and the return of the passport to the court. Finally, both parents were restrained from instituting further proceedings without leave, and the appointment of the Independent Children's Lawyer was discharged.