Davison & Jenkins

This case involved an application for parenting orders concerning two children, X and Y, between the applicant mother, Ms Davison, and the respondent father, Mr Jenkins. The dispute centred on the appropriate living arrangements and parental responsibilities for the children, particularly in light of their differing needs and the history of parental conflict. The matter came before Cleary J in the Family Court of Australia.

The court was required to determine the best interests of the children in relation to their living arrangements and the allocation of parental responsibility for major long-term decisions. Specifically, the court considered the children's views, their individual needs including medical and educational requirements, the parents' respective capacities and attitudes towards parenting, and the impact of parental conflict on the children. The court also had to address the practicalities of implementing any parenting orders, including communication between the parents and the children's involvement in various activities.

Cleary J applied the principles of the *Family Law Act 1975* (Cth), with the paramount consideration being the best interests of the children. The court considered the evidence, including reports from family consultants, and the specific circumstances of each child. The father's proposal for living arrangements was accepted as being in the children's best interests, aiming to provide greater stability and clarity, particularly for X, who expressed a desire for fewer changeovers and some time away from his brother. The court also ordered that the father have sole parental responsibility for medical and educational decisions, with specific provisions for the mother to be informed and consulted, to mitigate the risk of ongoing disputes in these areas.

The court ordered that prior parenting orders be discharged. The father was granted sole parental responsibility for major long-term decisions concerning the children's medical treatment, health, and education, with detailed provisions outlining how he must consult with the mother. Parents were to share equal responsibility for other long-term issues. The children's living arrangements were set out, with X to live in an equal time, week about arrangement, and Y to live with the mother for alternate weeks and otherwise with the father during school terms. Specific arrangements were also made for school holidays, Christmas, Mother's Day, and Father's Day. The court also made orders regarding changeovers, communication between parents, and the use of a family communication application, and restrained both parents from denigrating each other to or within the hearing of the children.