Zelenko and Heit

This matter concerned an application by the mother and father regarding their child, X, and was heard by Judge Myers. The dispute revolved around arrangements for X's living arrangements, time spent with each parent, communication between parents and with the child, and parental responsibilities.

The court was required to determine issues of equal shared parental responsibility, the child's primary residence, the specific times X would spend with each parent, including during school holidays and special occasions, and provisions for communication between the parents and between each parent and X. Further issues included orders to prevent the child's removal from Australia, prohibitions on denigration of either parent, restrictions on physical discipline and offensive language, and arrangements for the exchange of information regarding X's education and health. The court also needed to address the child's attendance at psychological counselling and transitional arrangements.

The court ordered that the parents have equal shared parental responsibility for X, with X to live with the father. Specific time arrangements were detailed for X to spend with the mother, including alternate weekends during school terms, defined periods during school holidays, and specific arrangements for Mother's Day, Christmas, and Father's Day. The orders also stipulated communication protocols between the parents via text message for information exchange, and between each parent and X at designated times. Crucially, both parents were restrained from removing X from Australia, and the Australian Federal Police were directed to place X on the Airport Watch List. The court also made orders prohibiting denigration of either parent, physical discipline, and the use of offensive language in X's presence, and established protocols for accessing educational and medical information. Transitional arrangements included X attending child psychology sessions and specific, time-limited contact arrangements for the mother in the immediate period following the orders.