BENELONG & ELIAS

The case of Benelong & Elias concerned parenting orders for a young child, E, born in November 2008. The dispute involved the parents' parental responsibility and the arrangements for E to spend time with each parent, particularly in the context of potential relocation. The matter was heard by Watts J.

The court was required to determine the nature of parental responsibility and to establish specific orders regarding where E would live and the schedule for E to spend time with each parent. This included considering the child's age and the geographical distance between the parents' residences, as well as the practicalities of travel and communication.

Watts J made orders for equal shared parental responsibility. E was ordered to live with the mother in Melbourne. The father was granted specific periods of time with E, with detailed schedules outlined for various age milestones and school holiday periods, primarily taking place in Cairns. The court also made provisions for the father's travel to Melbourne and for specific days such as Father's Day and birthdays. The mother was made responsible for initial travel costs, with the father to reimburse half of E's airfares. The orders also included provisions for ongoing communication between the parents regarding addresses and contact details.