Benson and Higgins

In the matter of Benson and Higgins, Forrest J considered an application concerning parenting orders for the child, B. The dispute centred on the living arrangements, time spent with each parent, and parental responsibility for decision-making regarding the child.

The court was required to determine the primary residence of the child, the specific arrangements for the child's time with each parent, including during school terms and holidays, and the allocation of parental responsibility for major long-term issues. Further issues included provisions for communication between the child and each parent, and the father's obligations concerning his own medical treatment and the provision of contact details.

Forrest J ordered that all previous parenting orders be discharged. The child was ordered to live with the mother, with specific provisions for the father's time with the child, including alternate weekends during school terms and defined periods during school holidays. The father was also granted telephone communication with the child on specified evenings. Crucially, the mother was granted sole parental responsibility for major long-term issues, subject to a requirement to consult with the father in writing and consider his response before making a final decision. The father was permitted to attend parent-teacher interviews and speak with school staff regarding the child's academic progress. The court also made orders regarding notification of school non-attendance, injury or illness, and the father's ongoing adherence to psychiatric recommendations. The Independent Children's Lawyer was discharged.