Xiu and Hodges

The case of *Xiu and Hodges* concerned parenting orders for a child, K, born in April 2001. The dispute between the mother and father involved significant disagreements regarding the child's living arrangements, parental responsibility for health and educational decisions, and the extent of each parent's time with K. The matter was heard by Dessau J.

The court was required to determine the most appropriate parenting orders for K, considering the parents' competing proposals. Key issues included the allocation of sole parental responsibility for health and educational decisions, the father's desire to home-school K one day per week, the practicalities of communication and co-operation between the parents, and the child's living arrangements. The court also had to consider the impact of any changes on K, particularly in light of the Family Report writer's emphasis on stability and consistency.

Dessau J discharged previous parenting orders and made new orders that largely granted the mother sole parental responsibility for health and educational decisions, while allowing the father one day per week for home-schooling, subject to specific conditions. The court's reasoning acknowledged the need for stability for K, noting that while both parents sought this, their proposals often involved change. The judge found no definitive evidence of significant problems arising from the father's care, despite some references to sleep issues. The court also addressed the practical difficulties and expense of communication between parents, and the child's right to maintain regular contact with both. The orders detailed specific living arrangements for K, including provisions for holidays and changeovers, and imposed obligations on both parents regarding communication, notification of illness or injury, and the sharing of school and medical information. The court also restrained the mother from writing letters of complaint to various professionals and family members concerning the father's home, care, or mental health.