Binh and Ning

The matter of Binh and Ning came before Johns J in the Family Court of Australia. The dispute concerned parenting arrangements for two children, X and Y. The parties sought orders by consent regarding the children's care and contact with each parent.

The court was required to determine the specific orders to be made concerning equal shared parental responsibility, the children's living arrangements, and the time the children would spend with the father. Additionally, the court needed to address provisions for communication, holiday arrangements, and specific circumstances such as Father's Day and Mother's Day. The orders also encompassed arrangements for the exchange of information regarding the children's health and education, as well as injunctive relief to prevent denigration of a parent in the children's presence and discussion of court proceedings with the children.

By consent, the court ordered the discharge of all previous orders relating to the children. It was ordered that the mother and father have equal shared parental responsibility, with the children to live with the mother. Detailed provisions were made for the children to spend time and communicate with the father, including specific arrangements for school terms, school vacations, and the long summer vacation. The orders also included provisions for the father's time to be suspended on Mother's Day if it fell on a weekend when the children were with him, and for the other parent to have the first option to care for the children if one parent was unable to do so during their allocated time. Further orders stipulated the location for changeovers, the exchange of contact details, and the notification of injuries, illnesses, and medical treatments. Injunctive relief was granted restraining each parent from abusing, insulting, or denigrating the other in the presence or hearing of the children, or discussing court proceedings with them. The court also included particulars of obligations and consequences of contravention, as set out in an attached Fact Sheet, and dismissed all extant applications, discharging the appointment of the Independent Children's Lawyer.