Bane and Bane (No 2)

This matter concerned orders made by consent between the Mother and Father regarding their two children, M and K. The dispute revolved around parenting arrangements, specifically the time the children would spend with each parent, parental responsibility, and related matters.

The court was required to determine the specific terms of parenting orders, including the living arrangements for the children, the allocation of time between the parents during school terms, school holidays, and special occasions such as birthdays and Christmas. Further issues included the division of parental responsibility for long-term decisions, communication protocols between the parents, and arrangements for interstate and overseas travel. The court also had to consider the presumption of equal shared parental responsibility and whether it was rebutted in the best interests of the children.

Murphy J, by consent of the parties, made detailed orders addressing these issues. The court declared that the presumption of equal shared responsibility was rebutted, finding it not to be in the children's best interests. Consequently, the Mother was granted sole parental responsibility for all major long-term issues, with specific requirements for her to consult with the Father before making ultimate decisions. The orders meticulously outlined the Father's time with the children during school terms, holidays, and special occasions, including specific timings and alternating arrangements. Provisions were also made for communication, travel, and the involvement of the Independent Children's Lawyer.