Benson & Drury

The case of Benson & Drury concerned parenting orders for two children, B and C. The dispute involved the mother's application to relocate the children interstate for significant career prospects, while the father sought equal care arrangements. The court was required to determine the best interests of the children, including the nature of parental responsibility, the impact of family violence on shared responsibility, and the feasibility of interstate relocation.

Berman J found that a history of family violence dispelled the presumption of equal shared parental responsibility. The court also noted evidence of the parties' limited ability to communicate effectively, particularly regarding the children's health and education, and their inability to agree on these significant matters. Consequently, the court made orders for shared parental responsibility concerning major issues, with the mother having sole responsibility for the children's health and education, subject to consultation with the father.

The court permitted the mother to relocate the children to Melbourne, Victoria, given her career opportunities and the absence of doubt regarding her compliance with court orders. Orders were made for the father to spend time with the children following the relocation, with specific provisions for travel arrangements and communication. The court also made alternative orders for time with the father should the relocation not proceed or if the father were to relocate to Melbourne.