Blakey & Blakey

This matter concerned parenting orders made by Benjamin J in relation to the parties' two children, Y and Z. The dispute involved the allocation of parental responsibility and the arrangements for the children's residence and time spent with each parent.

The court was required to determine the extent of parental responsibility to be afforded to each parent, specifically whether one parent should have sole parental responsibility. Further, the court needed to establish residence orders for the children and set out detailed provisions for the time the children would spend with the father, particularly considering the differing ages and circumstances of the daughter and the son. The court also had to address issues relating to the children's passports and international travel.

Benjamin J ordered that all previous parenting orders be discharged. Ms Blakely, the mother, was granted sole parental responsibility for both children. This included decision-making authority regarding their education, religious and cultural upbringing, health, and names. However, this sole responsibility was qualified by requirements for the mother to consult with the father in writing on proposed major long-term decisions, consider his response, and inform him of her final decisions. The mother was also solely authorised to apply for and manage the children's Australian and Japanese passports, with specific provisions for their deposit with the Court and notification to the father. The court declared the children habitually resident in Australia for travel purposes and imposed restrictions on changing their place of residence beyond 50 kilometres of the B Town local government area without the father's consent or a court order.

The court ordered that the children reside with the mother in the B Town area. Specific arrangements were made for the daughter to spend time with the father only at times and under conditions agreed to in writing by the mother. For the son, more detailed time spent orders were established, including provisions for school terms, mid-year holidays, and Christmas/New Year holidays, with variations for different years and alternating arrangements.