Coles and Brookes

This matter concerned an application before Faulks DCJ in the Federal Circuit Court of Australia, involving the parents of a child, N. The dispute centred on arrangements for N's upbringing, including schooling, medical care, residence, and participation in activities. The court was required to discharge previous orders and establish new parenting arrangements.

The court was tasked with determining the extent of parental responsibility for N, specifically addressing issues such as N's enrolment in school, the disclosure of medical information, and the parents' ability to relocate from a particular district. Further, the court needed to establish a schedule for N's time with each parent, including during school terms and holidays, and to make orders regarding N's involvement in sporting and other activities. The court also considered the role of an Independent Children's Lawyer and the process for future applications concerning N.

Faulks DCJ discharged all previous orders and made comprehensive new orders pursuant to section 61C of the *Family Law Act 1975* (Cth). The court ordered that both parents share parental responsibility, subject to specific conditions. These conditions included mutual consent for school enrolment, prompt notification of medical issues and practitioners, and the right for both parents to receive relevant information about N. The court prohibited relocation from the southern coast district without consent or court order and required mutual consent for enrolment in sporting or associated activities, with provisions for N to communicate his wishes through the Independent Children's Lawyer. A detailed schedule for N's residence with each parent was established, including alternate weekends, additional nights, and a division of school holidays, with specific arrangements for Christmas Day and Boxing Day. The court also mandated attendance at counselling to improve parental communication and established a strict procedure for any future applications, requiring an affidavit of evidence for initial judicial review to prevent frivolous or unsupported claims. All other extant applications, including a father's relocation application and contravention applications, were dismissed.