Event and Time
Event Description
- Application to review the orders made by Senior Judicial Registrar on 9 September 2021.
- The original orders established that the child should live with each parent on a week-about basis.
- The father argued against weekend care due to business obligations and sought to restrict the mother’s partner from contact with the child based on allegations of violence.
Application and Claims
- The father filed for a review on 29 September 2021, contesting:
- The week-about time arrangement, especially weekend access due to work conflicts. - Restraining the mother's partner from having contact with the child, alleging that he posed an unacceptable risk.
- The mother opposed the father's claims and contended that the recommended arrangements were in the best interests of the child.
Judicial Decisions
- The judicial review application filed by the father was dismissed.
- Directions were issued regarding the costs application, requiring further submissions, with a final decision on costs to be made subsequently.
Dispute Points and Legal Basis
Dispute Points
- Father’s Claims:
- The week-about arrangement interferes with his weekend work as a sales professional. - Advocated for restraint against the mother's partner citing potential violence and risk to the child.
- Mother’s Defense:
- Emphasized that both parents are responsible and capable, each with work commitments. - Argued that the child's best interests were served by uninterrupted weekends with both parents. - Contended that allegations against her partner lacked substantiation and that the family consultant recommended no restraints.