BANIK & PERES

This decision concerns the parenting arrangements for two children, X and Y, and was determined by Henderson J. The dispute involved the father and mother seeking orders regarding the children's living arrangements, time spent with each parent, school holidays, birthdays, and international travel.

The court was required to determine the specific terms of equal shared parental responsibility, including how the parents would consult and make joint decisions. Further issues included the precise schedule for the children living with each parent during school terms and holidays, arrangements for birthdays and significant public holidays, and the conditions under which international travel by one parent with the children would be permitted. The court also needed to address the renewal of the children's passports and the process for resolving future disputes.

Henderson J made detailed orders establishing equal shared parental responsibility, requiring the parents to consult and make joint decisions. The orders set out a complex schedule for the children's living arrangements, alternating between parents during school terms and providing specific arrangements for school holidays, including Christmas and other public holidays, with provisions for future years. The court also stipulated conditions for international travel, requiring advance notice, provision of travel details, and insurance, and made specific orders for the mother's travel to India and the United States, including financial security for the India trip. Further orders addressed passport applications, relocation restrictions, and mandatory family dispute resolution before commencing legal proceedings.