ANDREWS & COLLINS

In the matter of ANDREWS & COLLINS, Benjamin J of the Family Court of Australia considered interim consent orders and interim orders by determination concerning the children J and E. The dispute involved arrangements for parental responsibility, living arrangements, and time spent with each parent, as well as specific orders relating to the care and well-being of E, and injunctive orders concerning the parents' conduct.

The court was required to determine the terms of interim orders by consent regarding equal shared parental responsibility and the children living with the mother. Additionally, the court had to make orders by determination concerning the time the children would spend with the father, including specific provisions for E's care due to her special needs. The court also considered the need for injunctive orders to protect the children from parental conflict and to ensure E received appropriate care.

Benjamin J made orders by consent that the mother and father have equal shared parental responsibility for J and E, and that the children live with the mother. The court then made further orders by determination regarding the time J and E would spend with the father, with specific provisions for E's care that were contingent on medical assessments and advice. The court also made orders restraining the parties from feeding E "off-diet" food and requiring them to use their best endeavours to ensure E's treatment and care aligned with her paediatrician's directions. Furthermore, the parties were restrained from demeaning or belittling each other in the presence or hearing of the children. The court noted that particulars of obligations, consequences of contravention, and assistance for compliance were set out in an attached Fact Sheet, which was incorporated into the orders pursuant to s.65DA(2) and s.62B of the relevant legislation.