Zimmerman and Bertram

This matter concerned orders made by Moore J in relation to a child born in November 2005, determining the living arrangements and time spent with each parent. The dispute involved the parents' applications concerning the child's residence, surname, and financial matters, including property division and spousal maintenance.

The court was required to determine the primary residence of the child, the specific arrangements for the child to spend time with the father, and whether the child's surname should be changed. Additionally, the court had to make orders regarding the division of property derived from the sale of a property and the payment of spousal maintenance. The parties also sought to formalise arrangements for equal shared parental responsibility and communication regarding the child's health and activities.

Moore J made detailed orders regarding the child's living arrangements, stipulating that the child was to live with her mother at all times other than specific periods allocated to the father. These arrangements were phased in over time, with increasing periods of overnight stays with the father. The court dismissed the mother's application to change the child's surname. In relation to financial matters, the court ordered a specific distribution of funds from the sale of a property, with a balance to be divided proportionally. The husband was also ordered to pay weekly spousal maintenance to the wife until a specified date or further order. The parties consented to orders for equal shared parental responsibility, specific collection and return arrangements for the child, and detailed provisions for information sharing regarding the child's health, education, and activities.

The court's orders included provisions for the review of longer-term arrangements from May 2010 if the parents were unable to agree. The orders also stipulated that the child's passport was to be retained by the mother but made available for overseas travel upon written agreement. Further, provisions were made for make-up time if either parent cancelled scheduled time with the child, and for daily communication between the child and the non-resident parent when on holidays.