Austin & Benning

In the matter of MLC 7968 of 2019, Ms Austin (the applicant mother) and Mr Benning (the respondent father) sought orders concerning the parenting arrangements for their two children, X (born 2010) and Y (born 2017). The proceedings were before Harland J.

The court was required to determine the specific arrangements for the children's living arrangements, time spent with each parent, communication, and the allocation of parental responsibility. This included establishing a schedule for regular time, holiday periods, birthdays, and other significant dates, as well as addressing practical matters such as medical care, school enrolment, and communication between the parents.

Harland J made orders establishing equal shared parental responsibility for the children. The children were ordered to live with the mother, with a detailed schedule outlining the time the children would spend with the father during school terms, long summer holidays, Christmas, Easter, and inter-term holidays. The orders also stipulated arrangements for birthdays, Father's Day, and Mother's Day, and included provisions for communication, medical treatment, school attendance, and extracurricular activities. The court also made specific orders regarding the enrolment of child X at C School, with costs to be shared equally.