BENSLEY & WHERRY

In the matter of *Bensley & Wherry*, heard by Johns J, the dispute concerned final parenting orders sought by consent between the applicant mother, Ms Bensley, and the respondent father. The proposed orders stipulated that the children would live with the mother and have no time with the father, with the mother to have sole parental responsibility. These arrangements were stated to reflect the current situation, which had been in place for approximately four years.

The court was required to determine whether to make the consent orders as sought by the parties. This involved considering the best interests of the children, Y Wherry and X Wherry, in light of the proposed arrangements and the father's agreement to relinquish all parenting rights and responsibilities. A further issue was the children's names, with the mother seeking to change their surnames to Bensley.

Johns J applied the principles of the *Family Law Act 1975* (Cth), particularly concerning the paramountcy of the children's best interests. The court noted that the orders were final and would discharge any previous orders. The father's consent to relinquish all parenting rights and responsibilities was a significant factor. The court also considered the provisions relating to the particulars of obligations and consequences of contravention, as well as the ability of parties to adjust to and comply with orders, as outlined in a Fact Sheet.

By consent, the court ordered that the applicant mother have sole parental responsibility and that the children live with her. The court further ordered that the children's names be changed to Y Bensley and X Bensley, and requested the Victorian Registrar of Births, Deaths and Marriages to effect the change. The respondent father was ordered to pay the court and legal costs. The court also directed that the Minutes of Consent Order remain on the court file.