Yalpat and Yalpat (No 2)

This matter concerned parenting orders made by Gill J in the Federal Circuit Court of Australia. The dispute involved the arrangements for a child, X, born in 2017, to spend time with the Father.

The court was required to determine the specific terms of the parenting orders, including the days and times X would spend with the Father, and the arrangements for collection and drop-off. The court also considered the mechanism for the Mother to vary the nominated times for X to spend with the Father.

Gill J reasoned that the orders should provide clarity and flexibility, allowing for written nominations by the Mother to adjust the timing of the Father's time with X, provided sufficient notice was given. The court stipulated that any such nominations, and indeed the entire agreement regarding time spent with X, must be in writing, including by text message, to ensure certainty. The court also specified the collection and drop-off location as M Day Care and set parameters for the Father's attendance at the day care facility.

The court ordered that the previous orders of 8 February 2019 be discharged. New orders were made, stipulating that until further order and unless otherwise agreed in writing, X would spend time with the Father each Monday, Wednesday, and Friday, with specific provisions for the timing of that time and the collection and drop-off arrangements.