DEAKES & DEAKES

The case of *Deakes & Deakes* involved parenting orders made by Benjamin J in the Family Court of Australia. The dispute concerned the living arrangements, time spent, and parental responsibility for two children, B (born 2009) and C (born 2011). The orders were made by consent of the parties and the Independent Children’s Lawyer.

The court was required to determine and formalise the specific arrangements for the children's residence, time with each parent, and the division of parental responsibility. This included detailing how parental decisions regarding education and medical care would be made, as well as establishing a schedule for the children's time with each parent during school terms, school holidays, and on special occasions. The court also addressed communication protocols between the parents and specific provisions relating to the mother's psychological treatment.

Benjamin J made orders by consent, reflecting a minute of order signed by the parties and counsel for the Independent Children’s Lawyer. These orders established equal shared parental responsibility for the children. The children were to live with the father, with the mother to spend time with them on a fortnightly basis during school terms, subject to certain conditions regarding school absences. Detailed provisions were made for the mother's time with the children during school holidays, including extended periods and specific arrangements for Term 4. The orders also outlined specific arrangements for Christmas, Easter, Mother's Day, Father's Day, and the children's birthdays, as well as communication protocols between the parents and with the children. Further orders addressed the mother's ongoing psychological treatment, including the father's limited right to contact her psychologist, and imposed restraints on negative communication about each other and the dissemination of information on social media.

The court formally dismissed all extant parenting orders and applications. The orders included specific details regarding the children's schooling, medical care, and travel. The appointment of the Independent Children’s Lawyer was extended for 12 months, subject to Legal Aid funding. The orders also incorporated particulars of obligations and consequences of contravention, as set out in an attached Fact Sheet.