Berry and Berry

This matter concerned orders made by Bennett J in the Family Court of Australia. The proceedings involved a husband and wife, and the primary dispute revolved around parenting arrangements for their children, S, N, and M, as well as financial disclosure and the conduct of the parties.

The court was required to determine several legal issues, including the specific times the wife would spend with the children, particularly during school holidays and mid-week. It also needed to address the wife's contact with a Mr T, the necessity of a further family report including an assessment of the children's relationship with Mr T, and the conduct of psychiatric assessments of both parties. Furthermore, the court had to establish protocols for financial disclosure and set out orders restraining the parties from denigrating each other or discussing the proceedings in the presence of the children.

Bennett J made detailed orders regarding the children's time with the wife, including alternate Wednesdays and specific Christmas Day arrangements, with provisions for school holidays. The court ordered that the wife be restrained from allowing the children to come into contact with Mr T, subject to a further family report that would assess the children's relationship with him. The parties were also ordered to participate in psychiatric assessments, with costs to be shared equally, and to exchange extensive financial documentation prior to a conciliation conference. Additionally, both parties were restrained from denigrating the other parent or their partner, or discussing the proceedings with the children.