Okay, some comments.
First, the orders for birthday time is far too complicated. There's about 15 orders in total pertaining to when the child spends time with each parent for various birthdays - it's too much. I would pitch from after school to before school on school days, and from 3:00pm until 9:00am the following day on non-school days.
Second, there's a lot of 'with the father only attending upon the mother's property'. Don't include this. Sometimes, dad isn't going to be able to do the pick-up, but that doesn't mean the child's time with him shouldn't take place. I understand from other posts that you're trying to limit contact between his spouse and you, but the best way to make sure everyone stays civil is just to conduct changeovers either at school or at a public place, like McDonald's, and agree that it should be the father who is primarily in attendance.
If, sometimes, you end up with the step-mum, it's better to just take the hit than cause a fight in front of your child. If you include this limitation, it's going to probably put dad on the defensive, which is going to make it a lot harder for you to get consent orders.
Third, if there's conflict, it's best to arrange the schedule so the majority of changeovers take place at school, so you're better off giving dad the full weekend for Father's Day, for example, than limiting it to eight hours. I think the Court would do the same.
Fourth, 'at other times as agreed and failing agreement at the mother's sole discretion' is not appropriate. If you want to change care arrangements to your benefit, that's at his discretion, and if he wants to change it to his benefit, that's at your discretion. The Court would never give one parent more decision-making capacity than the other where it's making an order for shared parental responsibility.
Fifth, your request for phone communication is rather intrusive - you are the majority carer, and you're asking to speak to the child for three out of the five nights he spends with dad, on changeover days when you've just seen the child earlier in the day.
Sixth, it seems strange to request that communication between the parents only occur in-person, while also requesting that the child not be present for any discussions about issues in dispute between the parents. I may be wrong, but the only opportunity for in-person contact is at changeover, where the child is present. That would make it inherently difficult for the parents to discuss parenting issues without the child present, correct?
I also note the specific requirement for an order that requires the parents to be civil to one another - that would suggest there's a risk of conflict that the child might be exposed to if communication is only in-person at changeovers. I'd suggest a communication book or e-mail, with SMS in emergencies would make more sense.
Seventh, I'm not sure you'll be able to secure an injunction against smoking around the child. Sure, it can restrain the parents, but it can't restrain other parties, like dad's wife, etc. All it can request is that the parties do their best to restrain others from doing so.
Eighth, I probably wouldn't restrict the child's travel out of the state. Out of the country, yes, but out of state, probably not. That restricts your ability to holiday with the child, too.
So, here's my suggested changes:
1. The parents have equal shared parental responsibility for the child X, born Y.
2. In the exercise of their shared parental responsibility, the parents shall consult and make a genuine effort to reach agreement jointly about major, long-term decisions pertaining to the child’s care, welfare and development. Long-term decisions include, but are not limited to:
a. Major medical interventions;
b. Change of school;
c. Relocation of the child’s primary residence such that existing care arrangements become impracticable;
d. Change of name; and
e. Acquisition of a passport.
3. The child live with the mother.
4. The child spend time with the father as agreed between the parents and failing agreement, on a fortnightly cycle as follows:
a. In the first week, from after school Tuesday until before school Wednesday;
b. In the second, from after school Tuesday until before school Wednesday and from after school Friday until before school the following Monday.
5. The child spend time with the father during the NSW gazetted school holidays as agreed between the parents and failing agreement, as follows:
a. Subject to clause 5(c) and 5(d) hereto, the first half of each the Term 1, 2 and 3 school holiday periods;
b. Subject to clause 5(a) and 5(b) hereto, in the Christmas school holiday period, from 9:30am on the first Sunday until 9:30am the following Sunday and each alternate week thereafter until the commencement of the following school term.
6. The child spend additional time with the father as follows:
a. From 6:00pm Christmas Eve until 2:00pm Christmas Day in even-numbered years;
b. From 2:00pm Christmas Day until 6:00pm Boxing Day in odd-numbered years.
c. From after school (or 3:00pm if a non-school day) the Thursday preceding Good Friday until 3:00pm Easter Saturday in even-numbered years;
d. From 3:00pm Easter Saturday until 3:00pm Easter Monday in odd-numbered years.
e. From after school on Friday until before school the following Monday on the weekend that comprises Father’s Day;
f. On the child’s birthday, from after school until before school the following day if a school day, or from 3:00pm until 9:00am the following morning if a non-school day;
g. On the father’s birthday, from after school until before school the following day if a school day, or from 3:00pm until 9:00am the following morning if a non-school day.
7. The child’s time with the father shall be suspended as follows:
a. From after school on Friday until before school the following Monday on the weekend that comprises Mother’s Day;
b. On the mother’s birthday, from after school until before school the following day if a school day; or from 3:00pm until 9:00am the following day if a non-school day;
c. On the child’s birthday, from after school until before school the following day if a school day, or from 3:00pm until 9:00am the following day if a non-school day.
8. The parent with whom the child is not spending time is at liberty to communicate with the child by telephone between 7:00pm and 7:30pm each Sunday, and the parent with whom the child is spending time shall ensure the child is available to accept the call and has privacy for the duration of the call;
9. The father shall have responsibility for day-to-day decisions when the child is in his care, and the mother shall have responsibility for day-to-day decisions when the child is in her care.
10. Changeovers shall take place at the child’s school, or if a non-school day, changeovers shall take place at [your local McDonald’s or somewhere mid-way] and shall be conducted in a brief and polite manner with the father to be primarily in attendance.
11. The child shall not be enroled in extra-curricular activities without the consent of both parties, and where some consent has been attained, both parties shall use their best endeavours to ensure the child attends all relevant events pertaining to the extra-curricular activity.
12. The parents shall communicate via e-mail, or in case of an emergency via SMS, and all communication shall be polite, respectful and only about the child.
13. The parents shall refrain from, and shall endeavour to restrain all third parties from:
a. Discussing court proceedings with the child or showing the child court documents;
b. Denigrating the other parent or members of their family in the presence or hearing range of the child;
c. Consuming illicit substances or alcohol over the legal driving limit whilst the child is in their care;
d. Smoking in the presence of the child.
14. The parents shall advise each other of the following:
a. Any changes to current address and/or telephone numbers within 24 hours of such change occurring;
b. In the event of the child being hospitalized or receiving medical attention, as soon as practicable after the first contact with either the medical practitioner, medical centre or hospital;
c. Any prescription medication or medical appointment which must be tended to during the child’s time with the other parent, and that parent shall ensure the child adheres to these requirements;
d. Any school or extra-curricular activities or meetings at which parents would ordinarily attend; and
e. Any intention to travel with the child outside of the state of New South Wales, with such notice to be provided with a travel itinerary at least two weeks’ prior to the first date of the intended travel.
15. The parents shall not remove the child from the Commonwealth of Australia without the written consent of the other parent, and where consent is granted, the travelling parent shall provide the non-travelling parent with travel itineraries and all relevant contact details pertaining to the trip.
16. The child is to remain an Australian Citizen and permanent resident of Australia until the age of 18.
