Aitcheson-Hamilton and Ors and Tennison and Anor

This matter concerned an application before Kent J in the Federal Circuit and Family Court of Australia, brought by the applicants, Aitcheson-Hamilton and Ors, against the respondents, Tennison and Anor. The dispute revolved around arrangements for the parties' two children, B and C, born in 2002 and 2004 respectively. The court's orders were made by consent between the parties.

The court was required to determine and make orders concerning parental responsibility, including decision-making regarding the children's schooling, health, religion, and extracurricular activities. Further issues to be addressed included the children's living arrangements, the time each party would spend with the children, communication between the children and the non-resident parent, specific issues relating to the children's welfare and education, and provisions for overseas travel.

The court ordered that the applicants and respondents share equal parental responsibility for the children, with specific protocols for decision-making on long-term issues, including written notification, reasons, and a mandatory mediation process if agreement could not be reached. The children were ordered to live with the respondents and spend time with the applicants as agreed, with specific provisions for holiday time and the possibility of travel to visit an ill applicant. The orders also detailed communication rights, notification requirements for emergencies and medical treatment, and authorised the release of information from schools and medical practitioners to both parties. Restrictions were placed on the respondents relocating the children without consent and on overseas travel to countries with specific travel advisories or those not signatories to the Hague Convention. A Registrar was empowered to execute documents on behalf of a defaulting party.